Legal Definitions - continuing nuisance

A continuing nuisance refers to an ongoing or repeated interference with an individual's use and enjoyment of their property. Unlike a one-time event, a continuing nuisance is a condition or activity that persists over time, occurs repeatedly, or is likely to recur regularly, causing persistent annoyance, inconvenience, or harm.

Here are some examples:

• Imagine a homeowner whose neighbor has a large, mature tree that consistently drops significant amounts of leaves, branches, and sap onto their roof, gutters, and driveway throughout the year. This requires constant cleaning and causes minor damage to their property over time.

  This situation illustrates a continuing nuisance because the debris falling from the tree is not a single incident but an ongoing, recurring problem that repeatedly interferes with the homeowner's ability to maintain and enjoy their property without constant cleanup and potential damage.

• Consider a new industrial plant built near a residential neighborhood. The plant operates large machinery that emits a low, constant hum and occasional vibrations that can be felt in nearby homes, particularly at night, disturbing residents' sleep and peace.

  This is an example of a continuing nuisance because the noise and vibrations are not isolated events but a persistent, ongoing condition created by the plant's regular operation, repeatedly impacting the residents' quiet enjoyment of their homes.

• Suppose a restaurant regularly disposes of its cooking grease in a way that causes it to seep into the ground and contaminate a neighboring property's well water, making it unusable for drinking or bathing. This contamination occurs repeatedly after each grease disposal.

  This scenario demonstrates a continuing nuisance because the contamination of the well water is not a one-time occurrence but a recurring problem directly linked to the restaurant's ongoing disposal practices, repeatedly rendering the neighbor's water supply unusable.