Which term describes an act or structure that is not inherently a nuisance but can become one based on circumstances?

The term that accurately describes an act or structure that is not inherently a nuisance but can become one based on specific circumstances is referred to as "nuisance in fact." This concept emphasizes that the determination of whether something is a nuisance depends on the situation and context surrounding it. For instance, a factory may not be a nuisance when it is located in an industrial area, but if it operates near residential homes, the noise or pollution it generates could become problematic, thus creating a nuisance in that particular instance.

On the other hand, "nuisance per se" signifies actions or conditions that are expressly considered nuisances by law in all contexts, without needing to consider the surrounding circumstances. "Public nuisance" pertains to actions that affect the general public or community, and "private nuisance" concerns disturbances that impact a specific individual or property owner. These distinctions clarify why "nuisance in fact" is the appropriate term for situations that can change based on their environment or conditions.