nuisance

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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 ?
124) Where legislatures were either slow to enact laws to protect the public health, safety, and welfare from harm by industrial enterprises, or where there was ineffective enforcement of laws, private parties came into court alleging as public nuisances the types of unreasonable interferences indicated by the Restatement.
148) It is apparent that the City of Cleveland cited a number of the specifically named houses as public nuisances before the sheriff's deed was issued to the purchasing bank.
Nuisance may likewise be classified as nuisance per se or nuisance per accidens.
A person aggrieved by a public nuisance may: (a) file a criminal case based on the Revised Penal Code or any local ordinance; (b) institute a civil action; or (c) have said nuisance summarily abated by a public official.
72) After considering the possibility that the complained of nuisances were already present as a result of plaintiff's proximity to other factories, the court determined that defendant's new factory "produced a completely new state of things as regards the Plaintiff's house and grounds.
101) The court went on to distinguish the requirements for public and private nuisances.
In Stephane Castonguay and Vincent Bernard's article, "National and Local Definitions of an Environmental Nuisance," they examine the fundamental importance of water to both society and the economy in Quebec, and the difficult process of maintaining local access to clean water and the freedom of industry to develop along fresh waterways.
The final article, "Urban Environments and the Animal Nuisance," by Sean Kheraj, offers a comparative analysis of the different ways Canadian cities regulated animals in Winnipeg, Toronto, and Montreal during the nineteenth century.
Public nuisance actions were typically criminal actions until a 1536 English court decision that allowed individuals to recover damages under nuisance law.
Restatement (Second) of Torts and the Expansion of Public Nuisance.
Many states have enacted statutes that specifically define certain kinds of nuisance actions and the relief that may be sought.
Not all interference, (34) however, rises to the level of a private nuisance.