Aguilar v. Trujillo
In Aguilar v. Trujillo, 162 S.W.3d 839, 852 (Tex.App.--El Paso 2005, pet. denied), the Court stated that nuisance is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use or enjoy it. Aguilar, 162 S.W.3d at 850, citing Holubec v. Brandenberger, 111 S.W.3d 32, 36 (Tex. 2003).
A nuisance may arise by causing:
(1) physical harm to property, such as by the encroachment of a damaging substance or by the property's destruction;
(2) physical harm to a person on his property from an assault on his senses or by other personal injury, and;
(3) emotional harm to a person from the deprivation of the enjoyment of his property through fear, apprehension, or loss of peace of mind. Aguilar, 162 S.W.3d at 850.
For an actionable nuisance, a defendant must generally engage in one of three kinds of activity:
(1) intentional invasion of another's interests;
(2) negligent invasion of another's interests; or
(3) other conduct, culpable because abnormal and out of place in its surroundings, that invades another's interests. Aguilar, 162 S.W.3d at 850-51.