When Can You Sue for ''Private Nuisance'' In Texas ?
A private nuisance is a nontrespassory invasion of another's interest in the private use and enjoyment of land. Jamail v. Stoneledge Condominium Owners Ass'n, 970 S.W.2d 673, 676 (Tex.App.--Austin 1998, no pet.).
It is a condition which substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it. City of Tyler v. Likes, 962 S.W.2d 489, 503-04 (Tex. 1997).
Actionable nuisance arises in three possible ways:
(1) intentional invasion of another's interest;
(2) negligent invasion of another's interest;
(3) other conduct that invades another's interest which is culpable because it is abnormal and out of place in its surroundings. Id.