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Simple English definitions for legal terms
nuisance per accidens
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A quick definition of nuisance per accidens:
Nuisance per accidens is a type of nuisance that happens by accident. A nuisance is something that bothers people, like a loud noise or a bad smell. It can also be something that damages property or makes it hard to use. Sometimes, the person causing the nuisance is responsible for fixing it, but not always. The difference between a nuisance and a trespass is that a trespass is when someone physically enters someone else's property without permission, while a nuisance is something that affects the use or enjoyment of the property without physically entering it.
A more thorough explanation:
Definition: Nuisance per accidens is a type of nuisance that occurs unintentionally or by accident. It is a situation or condition that interferes with the use or enjoyment of property, but liability may or may not arise from it.
For example, if a construction company is building a new building and accidentally damages a neighboring property, it could be considered a nuisance per accidens. The construction company did not intend to cause harm, but their actions still interfered with the neighboring property owner's use and enjoyment of their property.
Another example of nuisance per accidens could be a tree falling from a property during a storm and damaging a neighbor's fence. The tree owner did not intend for the tree to fall and cause damage, but it still interfered with the neighbor's use and enjoyment of their property.
These examples illustrate how nuisance per accidens can occur unintentionally and still cause interference with neighboring properties.