Q: What are the two types of private nuisances?
- Private nuisance per se = nuisance at law
- Definition is an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings
- Example – Crack House, or Whore House, i.e. something illegal
- Nuisance per accidens = nuisance in fact,
- i.e. operation in a negligent manner, but remember that negligence is not a requirement
- May also arise from intentional maintenance or creation
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