By Christopher Adkins

Property ownership comes with rights — and responsibilities. One of the most common disputes between neighbors in North Carolina involves private nuisance. This doctrine protects landowners when someone else’s use of their property unreasonably interferes with the use and enjoyment of yours.

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What Is a Private Nuisance?

North Carolina law defines a private nuisance as “a non-trespassory invasion of another’s interest in the private use and enjoyment of land.” In simpler terms, it’s not about someone entering your property (that’s trespass), but about ongoing interference that makes your property less livable or enjoyable.

Two types exist:

1. Nuisance per se: Rare — an activity that is inherently a nuisance in any location (e.g., toxic waste dumping).
2. Nuisance per accidens (in fact): More common — an activity that becomes a nuisance because of where or how it’s carried out (e.g., a noisy racetrack in a residential area).

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Legal Elements of Private Nuisance

To succeed in court, a plaintiff must show:

1. Improper or unreasonable use of the defendant’s property.
2. Substantial interference with the plaintiff’s use and enjoyment of their property.

“Substantial” means more than slight inconvenience. Everyday annoyances are not enough; the interference must rise to a level that would bother a reasonable person.

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Examples in Practice

Example of a Private Nuisance

• A hog farm operating near residential properties creates strong odors and runoff that substantially interfere with neighbors’ ability to live comfortably in their homes. Courts have found that such interference can be a private nuisance, especially when odors and contamination are ongoing and severe.

Example of What Is Not a Private Nuisance

• A factory whistle that blows at regular hours to signal shifts may be annoying, but courts have held it is not a private nuisance when it is a necessary part of operating a lawful business and does not cause significant harm.

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Defenses to Private Nuisance

Defendants often argue:

• Right to Farm/Forestry Laws: Long-standing operations may be shielded unless run negligently.
• Reasonableness: The use is consistent with the character of the neighborhood.
• No substantial harm: The interference is too minor to qualify as a nuisance.

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Remedies

• Damages: Compensation for loss of enjoyment, repair costs, or even punitive damages if willful.
• Injunctions: Court orders stopping or limiting the harmful activity. For example, a race track may be limited in hours of operation rather than shut down entirely.

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Key Takeaways

1. Not all annoyances are nuisances – the harm must be substantial and unreasonable.
2. Context matters – what’s reasonable in an industrial zone may be unreasonable in a quiet neighborhood.
3. Both damages and injunctions are available – courts weigh fairness carefully.
4. Preventive relief is limited – plaintiffs must usually show that a proposed activity will necessarily become a nuisance.

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Final Thoughts

Private nuisance law strikes a balance between a landowner’s right to use their property and the neighbor’s right to quiet enjoyment. If you’re facing serious interference with your property, it’s worth exploring whether your situation rises to the level of a legal nuisance.

At Adkins Law, PLLC, based in Huntersville and serving the Lake Norman area, we help property owners navigate complex disputes like nuisance claims. Whether you’re protecting your rights or defending against a lawsuit, we can guide you through the process.

📞 Contact Adkins Law today for a consultation.