The first element of private nuisance is an “interference substantial in nature.” This leads to the question: what is substantial? Whether interference is substantial depends largely on the facts and circumstances of each individual case. The determination of substantiality is generally a question of fact for a jury as opposed to a question of law for the judge to decide. Substantiality, involves a review of the totality of the circumstances based on a balancing of the rights of the Respondent to use his or her property against the rights of the Petitioner to enjoy their property. The balancing basically amounts to a risk-utility analysis weighing the social value of the conduct involved against the harm to the private interest. Therefore, in order to be successful in your private nuisance action you must prove that the social value of the nuisance is outweighed the harm to you.