Nuisance Remedies

Pronunciation: NOO-sunts REM-uh-deez

Torts › Nuisance

Definition

Plaintiff may seek damages, injunction, or both for nuisance. Damages compensate for harm. Injunction orders defendant to stop or modify activity. Courts balance hardships when deciding injunction - may deny injunction if defendant's hardship greatly exceeds plaintiff's, but award damages instead. Abatement allows self-help removal in some circumstances.

Related terms

• Private Nuisance — Substantial and unreasonable interference with another's use and enjoyment of land. Requires showing interference is intentional and unreasonable,…
• Public Nuisance — Unreasonable interference with right common to general public. Affects community at large, not just individual property owners. Examples:…
• Coming to the Nuisance — Defendant argues plaintiff moved to area where nuisance already existed, so should not recover. Not absolute defense but…

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