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Real Property Law: Nuisances

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CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.

“He’s such a nuisance, constantly drumming his fingers on the table like that!”

Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE that deliciously ambiguous word “reasonable”, because they can bill hour after billable hour arguing endlessly over what is “reasonable” under a given set of circumstances. In fact, you could probably boil all of law down to that one word – if it’s “reasonable” then you can do it, but if it’s not, then you can’t.

Unlike trespass law, nuisance is only actionable if you can show that the offending condition caused you actual harm. Note that “harm” is a quite flexible concept and commonly includes things like noise pollution (the loud rock ’n roll blaring out of the apartment next door at all hours, for example). Smoke from a nearby factory can be a nuisance. So can foul odors, stadium lights left on at night, heat, dust, and many other things. On the other hand, some things are not nuisances. The fact that your neighbor’s house is an eyesore will not support a nuisance claim, because for some reason ugliness is not considered a nuisance (it might violate the rules of the neighborhood association though, if you live in one of those snooty upper-class developments). It has been recorded that Abraham Lincoln was once told by his neighbor that he was the ugliest man she had ever seen. When Lincoln noted that he couldn’t help it, the woman replied, “Yes, but you might stay indoors!” She wouldn’t have won a nuisance action against him.

What can you get if you win a lawsuit for nuisance? You can get damages or an injunction. Damages means money, and if the nuisance is continuing (if it will continue even after you win the case, as in the case of factory smoke, for example), you could end up with a fair chunk of change representing the reduction in the value of your property (or leasehold, if you are a renter). You might also get an injunction, subjecting the defendant to liability for contempt of court if he continues the offending activity.

Article Source: http://www.bluearticles.com


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