Nuisance

The MBE tests nuisance most often by daring you to pick trespass instead. The tell is the type of invasion: a physical, tangible entry (a person, a flooding stream, dumped rubble) is trespass, protecting exclusive possession; an intangible interference (odors, noise, smoke, vibration, light) is nuisance, protecting use and enjoyment. The same conduct can support both, so a smell or sound plus a “substantially interferes” cue points to nuisance. Watch the standing twist: a non-possessor (guest, employee) has no private-nuisance claim, because the tort requires a possessory or proprietary interest in the land.

The classic trap is assuming the most-injured plaintiff wins — but liability turns on unreasonableness. Beware the inverse trap too: lawful conduct is not automatically a defense, so zoning compliance or high social value does not insulate a defendant when the harm is serious. On remedy, where an injunction would cost vastly more than the harm, a court may deny the injunction and award permanent damages (Boomer v. Atlantic Cement). Hook: tangible = trespass, intangible = nuisance.