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  • Nuisance Cause of Action

  • A nuisance cause of action can result from a substantial interference with the use and enjoyment of real property. Such an action can also include emotional distress as an interference with the use and enjoyment of land. This area of law is quite broad, and nuances in its application must be known and properly used. If the nuisance is caused by a failure to comply with a particular law or statute, such a cause of action can be elevated to nuisance "per se" ­ which results in strict liability and as such is much easier to prove.

    A continuing nuisance is one which is abatable or "fixable". A permanent nuisance is one which cannot be abated or fixed. The measure of damages in nuisance is generally the cost of repair in a continuing nuisance, and loss of value in a permanent nuisance. Continuing nuisances are most common, and permanent nuisances are rather rare. A nuisance cause of action may be maintained against private persons, corporations, governments, governmental agencies, or public utilities that are publicly or privately owned.