What type of nuisance arises due to specific circumstances rather than the nature of the act itself?

The concept of nuisance is categorized into different types based on the circumstances surrounding the act and its impact. Nuisance in fact arises from specific circumstances that make an act a nuisance, even if the act itself would not typically be seen as objectionable. In this case, the nature of the activity or use of land may not be inherently annoying, but when viewed in the context of its surroundings, it becomes problematic due to certain factors, such as location, time, or the effect it has on the neighbors.

For example, a factory that operates in an agricultural area might not cause disturbances in an industrial zone, but in a quiet countryside, the noise and pollution it generates could be deemed a nuisance. Thus, nuisance in fact is highly dependent on the surrounding conditions and specific details of a situation rather than being universally classified as a nuisance due to the nature of the action itself.

While the other types of nuisance discussed differentiate based on broader classifications—such as public versus private nuisance or whether the action is inherently a nuisance without needing context—they do not focus on the specific circumstances necessitating the classification.