Nuisance Legal Definition

If a jurisdiction wants to regulate harassment, it must first define the term. In general, a nuisance is something that annoys – wear and tear on the nerves caused by persistent discomfort. This can cause anger and affect comfort and peace of mind. In a regulatory environment, the term „harassment“ includes anything that leads to a violation of one`s own legal rights. A defendant cannot escape liability by arguing that other persons also contribute to the injury; Damages are apportioned according to the defendant`s share of the debt. In addition, a defendant is liable even if his or her actions would not have constituted harassment without the actions of others. While a public nuisance as such can only be prosecuted by the state through criminal proceedings, injunctions or physical diminishment, the same activity or behaviour can also cause private harassment to neighbouring landowners and thus lead to civil action. The behavior of a business in violation of a zoning ordinance creates a public nuisance, but can also be sued as a private nuisance by neighbors, who can thus prove a reduction in the market value of their homes. Trespassing is sometimes confused with harassment, but the two are different. The intrusion protects against interference with the right to exclusive land ownership. If a landowner drops a tree above his neighbour`s dividing line, he has committed trespassing; If her dog barks all night and keeps the neighbor awake, she can be held responsible for harassment. Whether harassment has been or will be committed depends largely on the facts and the degree of seriousness of whether harassment has been or will be committed: „Things that are forbidden in an overcrowded urban community may be allowed in the countryside. What is forbidden in a closed country can be tolerated outside.

An injunction or prohibition in Scotland is issued to prevent the harassment from continuing or repeating itself and compensation is awarded for the harm it has caused. Here the laws of England and Scotland differ. One-off events are rarely enough. Nor can the specific sensitivities of sufferers be taken into account in deciding whether an issue constitutes a nuisance. The application of the doctrine of harassment requires a balance between rights, interests and convenience. Public nuisance results from the prosecution of certain companies, which makes the air offensive and harmful. Acts of public indecency; bathing in a public river within sight of neighbouring houses or for acts aimed at disturbing public order, such as dragging a number of people into a field for pigeon shooting purposes, disturbing the neighbourhood or keeping a messy house or theatre house or an insolent house or a dangerous animal, He is known to be like that and suffers for being free, like a big bulldog accustomed to biting people or exposing a person with a contagious disease such as smallpox in public and others. In its deliberations on Riblet v. Spokane-Portland Cement Company, 41 Wn.2d 249, 254 (1952), the State Supreme Court asked and answered the question: „What is harassment?“ The Court stated: In addition to legal definitions, some local governments have adopted their own definitions of „harassment.“ For example: A claim for damages resulting from the use of one`s own property. An attractive nuisance is a danger that can attract children to a person`s land. For example, a person who has a pool on their property is required by law to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.

To be a nuisance, the level of interference must rise above the purely aesthetic level. For example: If your neighbor paints his house purple, it may offend you; However, it does not rise to the level of harassment. In most cases, even normal use of a property, which can be a quiet pleasure, cannot be restricted by harassment. For example, the sound of a crying baby can be annoying, but it is an expected part of the quiet enjoyment of the property and does not pose a nuisance. [ref. needed] Harassment distinguishes between cases where the allegedly harassing behaviour resulted in property damage and cases where it caused „tangible personal complaints.“ [7] A self-help remedy, a reduction by the applicant, is available in certain circumstances. This privilege must be exercised within a reasonable time after becoming aware of the harassment and usually requires that the defendant be notified and not act. Reasonable force may be used to apply mitigation and a claimant may be held liable for unreasonable or unnecessary damages. For example, dead branches that stretch dangerously through a neighbour`s house may be removed by the vulnerable neighbour after informing the offending landowner of the harassment.

In case of imminent danger to health, property or life, no notification is required. When it comes to environmental nuisance disputes, it is difficult for someone to succeed in this area because private and public nuisances remain. [28] The Court considers that this area should be regulated by law. [29] Significant interference The law is not intended to remedy minor trivialities or nuisances. In order to establish liability under a harassment theory, the interference with the applicant`s interests must be significant. Determining meaningful interventions in cases where the physical condition of the property is affected is often quite straightforward. More difficult are cases based on personal inconvenience, discomfort or anger. In determining whether interference is significant, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff may not interfere with the defendant`s conduct by an unusually sensitive use of his property, which would otherwise be relatively harmless. Zoning boards use these factors to impose restrictions on land use in certain locations. In this way, zoning laws work to prohibit public nuisance and maintain the quality of a neighborhood. There are two categories of harassment in U.S.

law: de facto harassment or „harassment per accidens“ and harassment per se. The classification determines whether the application is submitted to the jury or whether it is decided by the judge. An allegation of harassment is, in fact, a question of fact that must be decided by the jury, which decides whether the thing (or act) in question caused harassment by examining its location and environment, how it behaved and other circumstances. [14] To establish that something is indeed a nuisance, it is also necessary to prove the act and its consequences. [14] Examples of private harassment abound. Harassment that affects the physical condition of the property includes vibrations or explosions that damage a home; destruction of crops; rising groundwater levels; or pollution of soil, a watercourse or a groundwater supply. Examples of nuisances that affect an occupant`s comfort, convenience or health include foul odours, harmful gases, smoke, dust, loud noise, excessive light or high temperatures. In addition, harassment can also disrupt a resident`s peace of mind, such as a neighbor guarding a vicious dog, even if an injury is only imminent and has not actually occurred. In contrast, harassment per se is „an activity or act, structure, instrument or occupation that constitutes harassment at all times and in all circumstances, regardless of location or environment.“ [15] Liability for harassment is in itself absolute and harm to the public is presumed; If its existence is claimed and proven by evidence, it is also legally established. [16] Therefore, a judge would decide a nuisance per se, while a jury would in fact decide a nuisance. Common nuisances include garbage accumulation, animals, noise, hazardous buildings, sewage and unsanitary conditions, as well as interference with the public walkway that interferes with the pedestrian crossing. The term is also used less formally in the United States to describe the baseless nature of frivolous litigation.

A lawsuit may be called a „harassment lawsuit“ and a settlement may be called a „harassment settlement“ if the defendant pays the plaintiff money to drop the case primarily to save the cost of litigation, not because the lawsuit has a significant probability of winning. Last but not least, the benefits include the fact that the measures are not limited to the specific types of harassment that constitute „legal harassment“. Since a private nuisance is based on interference with the use and enjoyment of land, it can only be pursued by persons who have an interest in the ownership of that land. If the encroachment only makes use and enjoyment less enjoyable without causing physical damage to property, the courts will consider the nature of the neighbourhood in determining whether the activity or condition constitutes unreasonable trespassing. However, an activity that physically harms neighboring properties is considered a punishable nuisance, regardless of the nature of the neighborhood. In such cases, it is usually vibrations that cause cracking of the walls or harmful fumes that destroy vegetation. A contemporary example of harassment law in the United States is Section 40 Bylaw of Amherst, Massachusetts, known as Nuisance House Bylaw. City members vote on the law in citizens` assemblies. The stated purpose of such an Act is as follows: „In accordance with the authority of Home Rule of the Town of Amherst and for the protection of the health, safety and welfare of the residents of the City, this by-law permits the City to be liable for nuisance and damage caused by noisy and unruly gatherings on private property, and prevents the consumption of alcoholic beverages by minors at these gatherings. [24] The two types of harassment are private harassment and public harassment.

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