Nuisance Actions

Nuisance law is based on the idea that a landowner can be held legally responsible for damage caused to the public or another landowner by the unreasonable use of his land. The damage to the injured party had to be substantial, continuing, and long lasting, before he was entitled to relief. The two forms of relief granted were either monetary damages or an injunction to stop the unreasonable use. Some examples of old common law nuisances were keeping a brothel and discharge of wastewater onto another's land. Today, there are a myriad of laws and regulations to handle many of the old common law nuisance situations, as well as defining new types of nuisances such as light pollution and abandoned swimming pools.

A person creating a nuisance can still be found liable through a common law nuisance lawsuit, and in addition, may face a civil fine or criminal penalty. If you are being investigated for causing a nuisance or have been injured by a nuisance, an experienced premises liability lawyer can investigate and assess your situation and assist you in determining the best course of action.

A public nuisance has been defined as any condition or practice causing or capable of causing an unreasonable threat to the public safety and welfare. Examples of public nuisances are often found in county or city ordinances and may include noxious weeds, piles of junk stored outside, waste tires, unsealed wells, bright lights, and excessive noise. Other nuisances include improper asbestos removal and construction site problems such as black smoke, dust, blocked drains, and excessively noisy equipment. Typically, the law or ordinance will designate a city or county department that is responsible for enforcing the prohibition listed public nuisances. Often the agency responsible is authorized to license certain activities as a way of protecting the public. For instance, asbestos removers usually must be trained and certified in order to operate legally; and facilities that generate more than a certain number of waste tires per year must typically be licensed. Another tool county or city agencies use is that of regular inspections to ensure that public nuisances are not being created; for instance, construction sites are inspected to ensure they are not clogging drains with silt or cement.

Citizens who are determined to have caused a public nuisance can be fined or ordered to "abate the nuisance"; in other words, to stop or clean up the activity that is causing the nuisance. In some instances, if the nuisance was caused deliberately, it can generate a criminal charge, such as disturbing the peace.

A private nuisance is one that impacts the rights or interest of an individual. Of course, many times, the public and private nuisances overlap. However, when an individual has been personally harmed by a public nuisance, he need not wait for a governmental agency to enforce the law. An individual who has been specifically harmed by the nuisance can usually initiate a private lawsuit to recover money damages or have the nuisance abated. In addition, some purely private actions of a neighbor that are not against any law can be unreasonable and cause harm. A neighbor who constructs a drainage system on his land that dumps rainwater and mud onto another person's property may be held liable for creating a nuisance and causing the harm.

Any individual who believes he or she has been harmed by a nuisance should determine if any law or ordinance controls the situation. Some cities have view ordinances that protect a homeowner's view from being obstructed by growing trees or buildings. Most jurisdictions have laws against barking dogs and excessive noise. A city, county, or state agency may be the best forum for an individual to bring a nuisance complaint. Other times the matter can be handled in small claims courts. However, in cases where an order to abate the nuisance is sought, the case will need to be handled in a regular court. A lawyer can help the person determine the state of the law and evaluate his case for the best course of action.

To read and printout a copy of the Form please link below.

Nuisance Action Worksheet

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