A. Definition

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

A. Definition

Nuisance is anything which works hurt, inconvenience or damage.¹ It has been described as "the unlawful use of property causing material annoyance, discomfort or hurt to another person."² It is an unreasonable interference, which is continuous or has the potential to recur, with the use and enjoyment of the plaintiff's land by the defendant's conduct on his or her land.³ The South Carolina Supreme Court has emphasized that a nuisance action concerns property rights.⁴

Nuisance and negligence may co-exist,⁵ and a lawful activity may be a nuisance if conducted negligently,⁶ but nuisance does not require negligence, and lack of due care need not be shown in a cause of action for nuisance.⁷ There is sometimes a distinction made between nuisance per se and nuisance per accidens.⁸ The former would be a nuisance no matter where or how conducted,⁹ and the latter is a nuisance because of its manner or location.¹⁰ Generally, a tort cause of action is for private nuisance.¹¹ A private party may not sue for public nuisance unless there is an injury different in kind from that suffered by the general public.¹² The special or particular injury requirement needed for an individual to maintain a cause of action for public nuisance is satisfied only by injury to real or personal property, not personal injuries.¹³ Nothing the law authorizes can be a public nuisance.¹⁴

Trespass should be distinguished from nuisance. Trespass is an intentional invasion of the plaintiff's interest in exclusive possession of his or her property.¹⁵

South Carolina recognizes the "common enemy" rule under which surface water is the common enemy of all landowners and a nuisance action will generally not lie for conduct that increases the flow of surface water to another's property.¹⁶ There are, however, exceptions to the rule, a discussion of which is beyond the scope of this chapter.¹⁷

A landlord cannot be held liable for a nuisance arising from use of his or her land when the landlord has no control over the property at the time of the alleged nuisance, but if the landowner maintains complete control of the leased property, he or she may be liable for the nuisance created by the use of the land.¹⁸

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Notes:

^[1] Neal v. Darby, 282 S.C. 277, 318 S.E.2d 18, 23 (Ct. App. 1984); Lever v. Wilder Mobile Homes, Inc., 283 S.C. 452, 322 S.E.2d 692, 693-4 (Ct. App. 1984). See generally, Yarborough, Carnival Cruise Ships in South Carolina: Nuisance and Cruise Control, 66 S.C. L. Rev. 889 (2015); Wyche, A Guide to the Common Law of Nuisance in South Carolina, 45 S.C. L. Rev. 337 (1994).

^[2] Green v. Blanton, 294 S.C. 14, 362 S.E.2d 179, 181, n. 2 (Ct. App. 1987).

^[3] See Neal v. Darby, 282 S.C. 277, 318 S.E.2d 18 (Ct. App. 1984); Lever v. Wilder Mobile Homes, Inc., 283 S.C. 452, 322 S.E.2d 692 (Ct. App. 1984); Bowlin v. George, 239 S.C. 429, 123 S.E.2d 528 (1962); Strong v. Winn-Dixie Stores, Inc., 240 S.C. 244, 125 S.E.2d 628 (1962); Deason v. Southern Ry., 142 S.C. 328, 140 S.E. 575 (1927); Ravan v. Greenville County, 315 S.C. 447, 434 S.E.2d 296 (Ct. App. 1993); Green v. Blanton, 294 S.C. 14, 362 S.E.2d 179, 181, n. 2 (Ct. App. 1987).

^[4] Babb v. Lee County Landfill SC, LLC, 405 S.C. 129, 137, 747 S.E.2d 468, 472 (S.C. 2013) (actions of nuisance has been limited to interest in property, rather than providing any protection to one's person).

^[5] See, e.g., Davis v. Palmetto Quarries Co., 212 S.C. 496, 48 S.E.2d 329 (1948); Ravan v. Greenville County, 315 S.C. 447, 434 S.E.2d 296 (Ct. App. 1993); Green v. Blanton, 294 S.C. 14, 362 S.E.2d 179 (Ct...