Your situation: the party next door gets a little too loud, a little too late at night, a little too often; Or, their trash is left for days near the gate of your charming cottage, and it starts to emit a foul odor, taking away the charm of your home. You are now beyond annoyed, and you are prevented from enjoying your space. What should you do?
A nuisance is either a human activity or a physical condition that is harmful or offensive to others, and gives rise to a cause of action. Nuisance may be a statutory nuisance or a common law nuisance. Under common law, the nuisance may either be public or private, although they are not mutually exclusive.
Public nuisance is an offense against the state, and is a common law crime. It may be an act or omission done in a public place, or that which offends or annoys, or causes trouble, affecting a class of persons, or the public in general, and not just a particular individual. Private nuisance, on the other hand, refers to an activity or condition that continuously n and unlawfully interferes with the use and enjoyment of another’s property. It may be indirect, meaning it does not necessarily constitute physical trespass or actual invasion of the property. It is a civil wrong that will hold the person committing or causing the nuisance, liable.
Examples of Public Nuisance
Examples of Private Nuisance
With the aid of one of our nuisance dispute lawyers, you can file a civil action and make the person who made the nuisance possible answer for his unlawful act or omission, provided that the affected property is one in which you have a proprietary interest. In other words, you should be any of the following, in relation to the property:
You can expect an owner, exclusive possessor, or tenant whose property he has an interest in is affected, to file a civil action against you, if you are:
Should you find yourself at either end of a nuisance dispute, as either the complainant or the defendant, our competent nuisance dispute solicitors can provide legal services to ensure that your claim or defense, is substantially supported to win you a fair settlement or trial.
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