Tag Archives: Nuisance
What is “Trespassing”?
Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… Read More »
When Can Plaintiffs Recover Damages For Nuisance?
Legally actionable nuisances require more than merely conduct that a homeowner, renter, or occupant of property finds “annoying” or irritating. The law establishes a test for actionable nuisances that spells out precisely what a homeowner (or plaintiff with an interest in real property impacted by the nuisance) must prove in order to obtain a… Read More »
What is an Unreasonable Interference With Property?
NUISANCE CLAIMS REQUIRE AN “UNREASONABLE INTERFERENCE” WITH USE AND ENJOYMENT OF PROPERTY. In order to prevail on a nuisance claim, a plaintiff must prove that the defendant acted (or failed to act) in a manner that constitutes or created an “unreasonable interference” with the plaintiff’s use and enjoyment of [the plaintiff’s] land. The interference… Read More »
What is a Legal Nuisance?
People talk about “nuisances” all the time, mostly in the sense of things they find annoying or irritating. However, there is a type of nuisance that rises to the level of an actionable legal claim – and people can sue (and be sued) when a legally recognized nuisance is created or maintained. WHAT IS A LEGALLY… Read More »
Defenses to Nuisance Claims
Just as the law permits an injured party to bring a lawsuit to stop a nuisance, the law provides land owners and users with certain defenses–legally permitted excuses–to avoid liability for nuisance claims. This week, we’re taking a look at a few of these defenses. CONSENT OF THE “INJURED PARTY” Tort law is the… Read More »
An Actionable Nuisance Requires an Unreasonable Interference
In order to prove, recover damages, or obtain an injunction to stop a nuisance, the plaintiff must prove that the objectionable activity or condition constitutes an unreasonable interference with the plaintiff’s use and enjoyment of (the plaintiff’s) property. The fact that a plaintiff dislikes a situation, or finds it annoying, or wishes the defendant… Read More »
Are Your Neighbors a Nuisance … or Just Annoying?
WHAT CONSTITUTES A LEGALLY RECOGNIZED NUISANCE? People often use the word “nuisance” to describe a thing that annoys them. However, it’s important not to confuse the common definition of “nuisance” with the (more complicated) legal claim that shares the name. Annoyances are not legally actionable, but under the right circumstances, homeowners can sue to… Read More »
