Being a nuisance is more than just being annoying, and it’s against the law. In fact, “The Law of Nuisance” is an ancient legal concept derived from the old English court system. The doctrine shows up frequently in disputes between neighbors.
If one neighbor is acting as a nuisance to another neighbor, then the neighbor being victimized by the nuisance-causing behavior may file a legal action in court. A public official might also sue a person who is being a nuisance on behalf of the larger community.
The plaintiff in these cases will generally seek to limit the way the nuisance-causer can utilize his or her property. For example, if the nuisance involves a neighbor throwing loud and dangerous parties every weekend, then a lawsuit could seek to prevent such parties from happening.
In order for a nuisance lawsuit to prevail, the effect on the property owner who is being victimized must be continuous and substantial. The injunctive relief awarded in such a suit could be some action that the nuisance-causer must take in order to lessen or eliminate the negative effects that his or her actions have caused to the victim and/or general community.
Perhaps he or she will need to restrict the hours of action or completely stop the negative action altogether. If the negative action involves a profitable business, the courts will need considerable proof before they will force the nuisance-causer to completely halt business operations.
Are you being subjected to a nuisance? You might be able to put an end to this nuisance by filing a civil litigation action with the aid of an experienced Arizona civil law attorney.
Source: FindLaw, “Property Rights: My Neighbor is a Nuisance,” accessed Nov. 03, 2017
