Legal Definitions - abatable nuisance

An abatable nuisance refers to an ongoing problem or condition that significantly interferes with someone's use and enjoyment of their property, but which can be reasonably stopped, removed, or reduced. Unlike a permanent nuisance, an abatable nuisance is temporary in nature because the source of the interference can be fixed or eliminated through reasonable effort and expense.

Here are some examples to illustrate this concept:

• Example 1: Persistent Noise from a Commercial Property

  Imagine a restaurant located next to a residential home installs a new, very loud exhaust fan that runs continuously, creating a constant humming noise that penetrates the neighbor's house, making it difficult to sleep or relax. This would likely be considered an abatable nuisance. The noise interferes with the homeowner's enjoyment of their property, but the restaurant could take reasonable steps to abate it, such as installing a quieter fan, adding soundproofing, or relocating the fan.

• Example 2: Overgrown Vegetation Causing Damage

  A homeowner has a large tree whose branches have grown significantly over their neighbor's property. These branches regularly drop large amounts of leaves and debris into the neighbor's yard and gutters, and during storms, they scrape against the neighbor's roof, causing minor damage. This situation represents an abatable nuisance. The overgrown branches are interfering with the neighbor's property use and potentially causing damage, but the nuisance can be abated by the tree owner trimming the offending branches back to the property line.

• Example 3: Strong Odors from a Neglected Animal Enclosure

  A property owner keeps several animals in an outdoor enclosure that is not regularly cleaned, leading to strong, offensive odors that drift onto an adjacent property, making it unpleasant for the neighbors to use their backyard or open their windows. This is an abatable nuisance because the foul smell, which interferes with the neighbors' enjoyment of their property, can be eliminated or significantly reduced by the animal owner implementing proper cleaning and waste management practices for the enclosure.