Nuisance protects the use and enjoyment of land, as distinct from trespass, which protects possession.
Elements. An intentional or negligent invasion, causing significant harm, that is unreasonable — assessed by weighing the gravity of the harm against the utility of the conduct.
Gravity factors. Extent and character of the harm, the social value of the use invaded, its suitability to the locality, and the burden of avoiding the harm.
Utility factors. Social value of the conduct, its suitability to the locality, and the impracticability of preventing the invasion.
Coming to the nuisance is a factor rather than a bar in most states.
Common subjects. Odour, noise, dust, vibration, light, drainage, flooding, and in agricultural areas, operations protected by right-to-farm statutes.
Public nuisance interferes with a right common to the general public and is brought by a public authority, or by a private party who has suffered harm different in kind.
Remedies. Damages for diminished value or for loss of use, and injunctive relief. Courts balance equities before enjoining a productive activity, and may award permanent damages instead.
Zoning compliance is not a defence, though it bears on suitability to the locality.