Legal Definitions - disturber

A disturber refers to an individual or entity that obstructs, hinders, or interferes with another party's legal right, claim, or the peaceful enjoyment of their property. This interference can prevent someone from exercising a right they are legally entitled to, or from possessing what is rightfully theirs.

• Example 1: Interference with Property Access
  Imagine a situation where Ms. Rodriguez owns a piece of land that has a legally established easement allowing her to cross a portion of her neighbor Mr. Henderson's property to access a public road. One day, Mr. Henderson decides to erect a fence across the easement, effectively blocking Ms. Rodriguez's access. In this scenario, Mr. Henderson is acting as a disturber because he is obstructing Ms. Rodriguez's legal right to use the easement for access to her property.

• Example 2: Obstruction of a Contractual Right
  Consider a small business, "Green Gardens Inc.," which has an exclusive contract with a local nursery for the supply of a specific type of rare plant. A competing landscaping company, "Elite Landscapes," learns about this exclusive agreement and intentionally approaches the nursery, offering a significantly higher price to persuade them to breach their contract with Green Gardens Inc. and supply the plants to Elite Landscapes instead. Here, Elite Landscapes could be considered a disturber as they are interfering with Green Gardens Inc.'s established contractual right and its ability to operate its business as agreed.

• Example 3: Hindering the Exercise of a Public Office
  Suppose Mr. Davies is duly elected to a position on the local school board after a fair and certified election process. However, the outgoing board president, who supported a different candidate, refuses to acknowledge the election results and actively prevents Mr. Davies from being sworn in, attending meetings, or accessing official documents necessary for his role. The outgoing board president is acting as a disturber by obstructing Mr. Davies' legal right to assume his elected public office and fulfill his duties.