Legal Definitions - abator

Abator

An abator is a person or entity that takes action to eliminate or reduce a nuisance. A nuisance is generally something that interferes with the use and enjoyment of property or public rights, or creates an unreasonable annoyance, inconvenience, or harm.

Historically, the term also referred to someone who unlawfully entered and took possession of land belonging to an heir before the heir could claim it.

Here are some examples illustrating the modern meaning of an abator:

• Example 1: Community Action Against Noise Pollution

  Imagine a neighborhood association that successfully petitions the city council to enforce noise ordinances against a local factory operating excessively loud machinery late at night. The factory's noise constitutes a nuisance, disturbing the peace and sleep of residents. By taking steps to compel the factory to reduce its noise levels, the neighborhood association acts as an abator, eliminating the disturbance.

• Example 2: Property Owner Addressing a Hazardous Condition

  Consider a property owner whose adjacent vacant lot has become overgrown with weeds, attracting rodents and posing a fire hazard to their home. After repeated unsuccessful attempts to contact the lot's owner, the property owner obtains a court order allowing them to clear the lot themselves and bill the absent owner. In this scenario, the property owner, by removing the hazardous overgrowth, functions as an abator of the nuisance.

• Example 3: Government Agency Cleaning Up Environmental Contamination

  A state environmental protection agency discovers that an abandoned industrial site is leaking toxic chemicals into the groundwater, contaminating local wells and posing a significant health risk to nearby communities. The agency initiates a cleanup operation, removing the hazardous waste and remediating the soil and water. The environmental protection agency, in this capacity, acts as an abator of the environmental nuisance.