pjc-oil-and-gas-2022-lib

I MPROPER U SE OF R EAL P ROPERTY

PJC 302.12

edition of State Bar of Texas, Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation ch. 12. Source of definition and culpability levels. “Nuisance” generally means a con dition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy it. Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 599–600, 606 (quoting Holubec v. Brandenberger , 111 S.W.3d 32, 37 (Tex. 2003)); Barnes , 353 S.W.3d at 763; Schneider National Carriers, Inc. , 147 S.W.3d at 269. Whether a defendant may be held liable for causing a nuisance depends on the culpability of the defendant’s conduct, in addition to proof that the interference is a nuisance. There must be some level of culpability on behalf of the defendant. Nuisance cannot be pre mised on mere accidental interference with the use and enjoyment of land but only on such interferences that are caused by negligent, intentional, or abnormally dangerous conduct that is also out of place in its surroundings. Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 588, 604 (retaining the three categories); City of Tyler v. Likes , 962 S.W.2d 489, 503 (Tex. 1997). Interference with use and enjoyment. According to the supreme court: The determination of whether a defendant’s interference with a plain tiff’s use and enjoyment of land is substantial or whether any particular effect of that interference is unreasonable requires consideration and bal ancing of a multitude of factors, depending on the circumstances of the case at hand. These include, among others: — the character and nature of the neighborhood, each party’s land usage, and social expectations; — the location of each party’s land and the nature of that locality; — the extent to which others in the vicinity are engaging in similar conduct in the use of their land; — the social utility of each property’s usage; — the tendency or likelihood that the defendant’s conduct will cause interference with the plaintiff’s use and enjoyment of their land; — the magnitude, extent, degree, frequency, or duration of the inter ference and resulting harm; — the relative capacity of each party to bear the burden of ceasing or mitigating the usage of their land; — the timing of each party’s conduct or usage that creates the con flict; — the defendant’s motive in causing the interference; and

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