Nuisance in Fact

Torts.  A nuisance in fact is an act, occupation, or structure which is not nuisance per se but may become nuisance by reason of the circumstances or the location and surroundings.

“From the point of view of their nature, nuisances are sometimes classified as nuisances per se or at law, and nuisances per accidens or in fact.  A nuisance at law or a nuisance per se is an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings. Nuisances in fact or per accidens are those which become nuisances by reason of circumstances and surroundings, and an act may be found to be a nuisance as a matter of fact where the natural tendency of the act is to create danger and inflict injury on person or property. The number of nuisances per se is necessarily limited, and by far the greater number of nuisances are nuisances per accidens. For this reason whether or not a particular thing or act is a nuisance is generally a question of fact . . .”  Bluemer v. Saginaw Oil Service, 356 Mich. 399, 411 (1959).

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