What must be proven for a claim of abnormal sensitivity to succeed in nuisance cases?

In order to establish a claim of abnormal sensitivity in a nuisance case, it is crucial to demonstrate that the activities causing the nuisance are legally permissible. This principle hinges on the fact that the courts typically do not provide relief for sensitivities that are considered unusually heightened when compared to the general population.

The law recognizes that some activities, even if they may cause discomfort to certain individuals, are lawful and can be undertaken without legal repercussions. Therefore, it is essential to show that the activity in question is not inherently illegal and falls within the rights of the party engaging in it. If the activity is indeed legal but causes harm to someone with an abnormal sensitivity, this does not automatically imply a valid claim for nuisance; the legal nature of the activity is a foundational consideration.

In summary, while other factors may play a role in nuisance cases, the focus on the legality of the activity is pivotal for claims of abnormal sensitivity, emphasizing that individuals must tolerate certain impacts from legal activities that do not excessively interfere with their enjoyment of their property.