nuisance

(redirected from Covenant of quiet enjoyment)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.

Nuisance

The use of property in such a way that it violates another property owner's expectation of an orderly living environment. For example, a person may refrain from mowing his lawn for so long that field mice infest his yard. This may be a nuisance if the field mice wander over to the neighbors' yards.

nuisance

An activity that arises from the unreasonable, unwarranted, or unlawful use of one's own property resulting in an obstruction or injury to another property owner or to the public and producing such material annoyance, inconvenience, and discomfort that the law will presume resulting damage.It may consist of noise,smoke,odors,pollution,vibration,interference with rights of passage, maintaining an offensive business, discharge of water, or maintaining a building in a manner that makes it unsafe for others because of falling debris or because of rats or vermin.(Do not confuse with attractive nuisance, a theory of negligence liability for maintaining features attractive to children but likely to harm them.)

References in periodicals archive ?
Moreover, the claim for breach of the covenant of quiet enjoyment requires proof of an abandonment, not just a claim of a diminution in the value of the demised space.
Although distasteful to this court, the court is constrained by the law to disallow any abatement for the actual partial eviction, since at the time of the breach of the covenant of quiet enjoyment respondents were in default in the payment of the rent.

Full browser ?