Understanding Nuisance Law: Definition, Types, and Remedies, Study notes of Agricultural engineering

Download Understanding Nuisance Law: Definition, Types, and Remedies and more Study notes Agricultural engineering in PDF only on Docsity! NUISANCE Nuisance That activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property, working obstruction or injury to rights of another, or to the public, and producing such material annoyance, inconvenience and discomfort that law will presume resulting damage. That which annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him (smoke, odors, noise, or vibration) The term is incapable of exhaustive definition which will fit all cases, as it is very comprehensive and includes everything that endangers life or health, gives offense to senses, violates laws of decency, or obstructs reasonable and comfortable use of property. Nuisance laws are typically treated as a subcategory of tort law, because an activity may become a nuisance because of an intentional act, a negligent act or may be subject to liability on a strict liability basis. Code of Alabama '6-5-120 A "nuisance" is anything that works hurt, inconvenience or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man. Public Nuisance One which affects an indefinite number of persons, or all the residents of a particular locality, or all people coming within the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal. An act (or failure to act) that unreasonably interferes with the health, safety or property rights of the community. Examples: Use of a building for illegal or objectionable activity; blocking a public street, polluting a stream, etc. Remedies for Nuisances Damages For a private nuisance, or for a public nuisance where plaintiff has suffered some unique damage. Abatement by Self-Help One has the privilege to enter upon defendant's land and personally abate the nuisance after notice to defendant and his refusal to act. The force used may only be that necessary to accomplish the abatement, and the plaintiff will be liable for additional harm done. Abatement of a public nuisance may be done only by a public authority unless an individual has suffered some unique or special damage by the nuisance. Injunction When damages do not adequately address the wrong (the nuisance is a continuing wrong, the nuisance is of the kind that will cause irreparable injury, etc.). In deciding whether an injunction should be issued, the courts will take into consideration the relative hardships that will result to the parties from the granting or denial of the injunction. hardships will not be balanced, however, where defendant's conduct was willful. INJUNCTION A court will issue an injunction if: 1. A tort or wrong has been committed or will be committed; 2. the legal remedy (damages) is inadequate; 3. a property right exists; 4. enforcement is feasible; 5. hardships are balanced; and 6. the defendant has no meritorious defenses. An order granting an injunction must set forth the reasons for its issuance; be specific in terms and describe in reasonable detail the act sought to be restrained. Defenses to Nuisances Legislative Authority The conduct is consistent with what a zoning ordinance or other legislative license permits. This argument is highly persuasive, but not necessarily conclusive proof that the activity is not a nuisance. Conduct of others No one actor is liable for all damage caused by concurrence of his acts and others. Contributory Negligence This is not ordinarily a defense to a nuisance claim, however, when a nuisance is based on a negligence theory, one may not avert the consequences of his own contributory negligence by affixing to the negligence of the wrongdoer the label of a nuisance. In such a case, a plaintiff, through pleading nuisance, may have to show his freedom from contributory negligence. Coming to the Nuisance Has plaintiff assumed the risk, thereby being barred from recovery by the fact that he has "come to the nuisance" by purchasing land and moving in next to it after it is already in existence or operation? The general rule is that a purchaser is entitled to reasonable use or enjoyment of his land to the same extent as any other owner as long as he buys in good faith and not for the sole purpose of a harassing lawsuit. Alabama Right to Farm Law Code of Alabama 1915 gave certain rights to manufacturing and industrial facilities. Code of Alabama 1978 amended the law to include farming operations '6-5-127 provides that a farming operation is not a nuisance if: 1. It has been operating for at least one year; 2. It has become a nuisance because of changing local conditions; or 3. It has become a nuisance because of a change in municipal ordinance. The law does not protect the farming operation if: 1. The nuisance is due to negligence; 2. the nuisance refers to the pollution of water; 3. or the farming operation has substantially changed.