In nuisance claims arising from mining operations, a plaintiff must prove material and substantial interference with the right to enjoyment of property using an objective 'reasonable person' test. Factors to be considered include the type, degree and persistence of the disturbance, the locality, and timing. Isolated or marginal breaches of statutory environmental limits (4 exceedances out of approximately 53 blasts over 4 months, exceeding limits by only 0.7%) do not constitute the regular and persistent abuse required for an actionable nuisance, particularly where ground vibrations and dustfall levels remain well within prescribed limits. Living in proximity to lawful mining operations requires tolerating some discomfort, provided the operations remain within regulatory parameters and do not amount to material and unreasonable interference. The persistence and repetitive character of encroachment must be considered relative to the period over which the possibility of encroachment exists.