What must a claimant prove to establish a private nuisance?

To establish a private nuisance, a claimant must demonstrate that the interference with their use and enjoyment of their property is both substantial and unreasonable. This means that the interference must be significant enough to impact the claimant's ability to enjoy their property and that such interference cannot be justified by the actions of the defendant.

Substantial interference is measured by its intensity and duration, which helps to quantify the level of impact on the claimant's property rights. Unreasonableness is assessed through the perspective of balancing the interests of the defendant's activities against the harm caused to the claimant. Factors such as the nature of the neighborhood, the purpose of the defendant's conduct, and the severity of the impact are considered to determine whether the interference is reasonable under the circumstances.

The other options, while touching on various aspects of nuisance law, do not capture the complete and correct standard necessary for establishing a private nuisance claim. For instance, minor interference does not fulfill the requirement, and emotional harm alone does not constitute the basis for a private nuisance claim. Furthermore, malice is not a necessary component of proving a private nuisance; rather, the focus is on the nature and extent of the interference.