Nuisance Per Se Law and Legal Definition
A nuisance per se is an act, thing, omission, or use of the property which in and of itself is a nuisance and hence is not permissible or excusable under any circumstances. [State ex rel. Bradford v. Stubblefield, 36 Wn.2d 664 (Wash. 1950)]
A nuisance per se is a nuisance at all times and under any circumstances, regardless of location or surroundings. It is of itself hurtful to the health, tranquility, or morals, of the community and as such outrages the decency of the community.
Acts which are denounced as illegal by law, when the perpetration of them invade the rights of others will be nuisances per se. [Parker v. Ft. Worth, 281 S.W.2d 721 (Tex. Civ. App. Fort Worth 1955)]
For instance, a lawful business is not a nuisance per se. Conversely, to engage in business in defiance of law is a nuisance per se.
