When can a plaintiff succeed in a case alleging private nuisance?

To succeed in a case alleging private nuisance, the plaintiff must have a legitimate interest in the property affected by the nuisance. This means that the plaintiff must possess or have a legal right to the property in question. Private nuisance typically involves an interference with the use and enjoyment of one’s land caused by another’s activities.

Possession of the property gives the plaintiff standing to bring a claim, as they are directly affected by the alleged nuisance. They must demonstrate that the nuisance is substantial and unreasonable, impacting their ability to use and enjoy their property.

The other choices do not establish the necessary legal standing needed to pursue a private nuisance claim. A verbal agreement to use the property does not grant the claimant the kind of possessory rights needed to assert a nuisance claim. Merely observing a nuisance isn't sufficient to establish harm or impact on one’s rights to enjoyment of property. Additionally, notifying the defendant of the issue is helpful, but it doesn't replace the requirement of possession or ownership for a valid nuisance claim.