Remedies Available For Private Nuisance

A private nuisance is a behavior, action, item or occurrence that interferes with an individual’s enjoyment and use of his private land. The nuisance does not have to be caused by a single person, but its affect must be only on one person rather than the public at large. Below is an explanation of the remedies commonly available for a private nuisance.

Abatement

Abatement is a temporary cessation or reduction of an action or behavior. Legally, it means that the person is prevented doing something he has been doing until either the court resolves the issue or the impact on the affected person’s property is reduced. Sometimes, abatement might be permanent. An example of this is where a court orders a company to reduce the amount of waste water it dumps into a public drain but not stop its dumping overall. This remedy is commonly awarded where the nuisance is due to overuse.

Cessation or Injunction

This remedy is a court-ordered demand to stop participating in the activity. It is usually permanent, but can be permanent with an eventual end time, such as years in the future. This type of remedy is ordered when nothing short of complete discontinuance of the behavior will end the nuisance.

Damages

There are several types of damages that can be awarded in a private nuisance lawsuit. These include depreciation in value, decrease in use or enjoyment and compensation for damages. Depreciation in value awards are usually ordered when the nuisance caused a permanent reduction in the value of the property or the use of the property. For example, if a house value has fallen or if the property can no longer be used to produce as much income as it did before the nuisance.

Decrease in use and enjoyment damages are similar to depreciation, except they compensate a party for being unable to use the property for its previous use. These awards are calculated through an estimate of the amount of pleasure and use the property provided the owner prior to the nuisance and subsequent to the nuisance.

Compensation for damage awards are given to compensate the property owner for any damages, permanent or fixable, the property sustained due to the nuisance. These expenses do not necessarily need to have been made out-of-pocket prior to their award. They are commonly calculated by how much it will cost the injured party to repair the property or, in their extreme, how much it will cost the party to vacate the property if it is no longer usable.

Getting Legal Help

If you are being sued for having allegedly caused a private nuisance or if you think a nuisance is affecting your property, speak to an attorney about your rights. An attorney will be able to analyze your case and estimate how much and what type of damages you may need to pay or could receive.

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