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Simple English definitions for legal terms
abatable nuisance
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A quick definition of abatable nuisance:
An abatable nuisance is something that bothers people and makes it hard for them to use or enjoy their property. This could be something like a loud noise or a bad smell. It can also be something that damages the land or makes it hard to use. Sometimes, people can be held responsible for causing a nuisance, but not always. A nuisance is different from a trespass because a trespass is when someone physically enters someone else's property without permission.
A more thorough explanation:
An abatable nuisance is a type of nuisance that can be remedied or eliminated. A nuisance is a condition, activity, or situation that interferes with the use or enjoyment of property. It can be a non-transitory condition or persistent activity that either injures the physical condition of adjacent land or interferes with its use or with the enjoyment of easements on the land or of public highways.
For example, a loud noise or foul odor that affects the use and enjoyment of a property can be considered an abatable nuisance. If a neighbor is playing loud music at night, it can be considered an abatable nuisance because the neighbor can be asked to turn down the volume or stop playing music altogether.
Another example of an abatable nuisance is a property that is not maintained properly and is causing damage to neighboring properties. If a property owner has a tree that is overgrown and is causing damage to a neighbor's property, the owner can be asked to trim or remove the tree to eliminate the nuisance.
Abatable nuisances can be remedied through legal action, such as filing a lawsuit or seeking an injunction. The goal is to eliminate the nuisance and restore the use and enjoyment of the affected property.