Nuisance Law

As a legal term, "nuisance" is defined as the unreasonable interference with someone’s use and enjoyment of their property. The interference could be something that is offensive, irritating, dangerous, or an obstruction. A simple example would be when the people in the house next door to yours are playing music at an unreasonably loud level all night long — that's a nuisance. This is an illustration of a "private nuisance." An example of a "public nuisance" is a garbage dump site's noxious odors wafting over an entire town.

Negotiation, Mediation, Arbitration, Abatement
Property owners and tenants all have the right to the "quiet enjoyment" of their homes, or the right to live undisturbed. If talking about the problem with the neighbor or dump site owner is not enough to solve the problem, a variety of options may be available — mediation, arbitration, or a legal action to get "abatement" of the nuisance. Abatement means stopping or removing the nuisance.

If an individual has been troubled by a nuisance arising from a neighbor's property or behavior, an injunction to abate the nuisance can be sought as a remedy. Monetary compensation for the nuisance is also sometimes an appropriate remedy. Local (city, county) ordinances may apply to a given nuisance situation.

Private Nuisances

Many circumstances could qualify as a private nuisance. Examples include:

• Obnoxious pets (noise, pet waste)
• Something encroaching on your property such as tree roots or a falling fence
• Abandoned vehicles
• Trash not properly contained
• Loud parties
• Business being operated out of a private home
• Disagreeable odors
• Stagnant water accumulation
• Overgrown lots, dilapidated buildings

Public Nuisances

A public nuisance often involves general harm to more than a few people, though this is not always the case. A legal action to abate a public nuisance can be brought by an individual, but may also be brought by a government entity such as a city. Examples of public nuisances are:

• Premises that are prejudicial to health
• Smoke, such as bonfires
• Fumes or gases
• Dust, steam, or smell from industry
• Open burning by a city in a landfill
• Discharge by a cement company
• Excessive vibration from blasting
• Fences that are too tall, depriving neighbors of light and air
• The stench from a stable that forces a homeowner to keep the windows closed
• A pile of sand blowing onto neighboring property

This list is by no means exhaustive. It is also important to note that an individual cannot file a public nuisance complaint if he/she had knowledge of the nuisance prior to moving into/onto a property.

For instance, a person who knowingly moves to a property next to a railroad track cannot file a nuisance complaint since there was knowledge that a potential nuisance existed. If, however, a person moves into a home and was never notified of the railroad’s existence or if the track was built after the home was bought, then a complaint may be filed.

Attractive Nuisances
An "attractive nuisance" is actually one that is dangerous, yet appealing to someone. The following have been found to be nuisances that attracted children:

• Unfenced swimming pools
• Abandoned refrigerators as a place to play
• Open pits
• Farm equipment

Get Legal Counsel Before You Act
If you are bothered by a private or public nuisance, it's in your best interest to obtain legal counsel before you take action. Contact O'Mara and Padilla today for a free consultation — we're happy to answer your questions and tell you about your legal options.