While a public nuisance as such can only be enforced by the state through criminal proceedings, injunctions or physical reductions, the same activity or conduct can also constitute a private nuisance to neighbouring landowners and thus lead to civil action. Running a business that violates a zoning ordinance creates a public nuisance, but can also be sued as a private nuisance by neighbors, who can thus prove a decline in the market value of their homes. There are a few other things to keep in mind when considering filing a harassment lawsuit. First, the mere fear of future harm will not deserve to be injunctive. In addition, as a general rule, purely aesthetic considerations, such as the “appearance” of a funeral home in a residential area, will not rise to the level of a nuisance. Finally, if a person specifically buys a property, knowing that a particular business is nearby, the doctrine of “moving to annoyance” generally prohibits the right to an injunction. In this way, when a person moves into a house next to a baseball field, this doctrine can prohibit the person from seeking relief from bright lights and noise. Significant interference The law is not intended to repair trifles or eliminate minor inconveniences. In order to establish liability according to a theory of harassment, interference in the interests of the applicant must be significant.
Detecting significant disturbances in cases where the physical state of the property is compromised is often quite simple. More difficult are cases that are based on personal inconvenience, discomfort or anger. In determining whether an intervention is important, the courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. By putting his property to an exceptionally sensitive use, a plaintiff cannot turn the defendant`s conduct into a nuisance that would otherwise be relatively harmless. HARASSMENT, crim. Law, crime. This word literally means annoyance; In law, according to Blackstone, this means “anything that hurts, disturbs or damages.” 3 Comm. 216. 2. Harassment is either public, ordinary or private.
3.-1. A public or communal nuisance is such an inconvenience or an inconvenient crime because it upsets the whole community in general and not just one person in particular. 1 falcon. p. C. 197; 4 Com. 166-7. To portray public harassment, there must be such a “number of people who are upset that the crime can no longer be considered a private nuisance: it is a fact that usually has to be judged by the jury. 1 peak 337; 4 esp. about 200; 1 Str.
686, 704; 2 chit. Cr. Law, 607, n. It is difficult to define what level of harassment is necessary to be a nuisance. With regard to offensive transactions, it seems that if such trade makes the enjoyment of life and property unpleasant, it is a nuisance; 1 peak 333; 4 Rog. Rec. 87; 5 Esp. 217; Because the neighborhood is entitled to clean and fresh air. 2 cars.
& p. 485; S. C. 12 E. C. L. R. 226; 6 Rec. 61.
4. from Rogers. One thing may be a nuisance in one place, which is not the case in another place; Therefore, the situation or location of the harassment must be taken into account. A tallow candle that sees its wickedness among other tallow candles and amplifies the harmful smells of the neighborhood is not guilty of erecting a nuisance unless the anger is greatly increased by the new factory. Case 91 of Peake. Such a facility could be a nuisance in a city densely populated by merchants and mechanics where such businesses were operated. 5. Public nuisance arises from the prosecution of certain companies that make the air offensive and harmful. Cro. Car. 510; Rapacious.
B. 1, c. 755 p. 10; 2 Ld. Raym. 1163; 1 peak 333; 1 Str. 686 By public indecency; like a bath in a public river, at the sight of nearby houses; 1 Russ. Cr.
302; 2 campb. R. 89; Sid. 168; or for actions that lead to a breach of the public peace, such as dragging several people into a field for the purpose of shooting pigeons, disturbing the neighborhood; 3 B. & A. 184; S. C. 23 Eng. C. L. R. 52; or managing a messy house; 1 Russ.
Cr. 298; or a theatre house; 1 Russ. Cr. 299; Rapacious. b. 1, c. 7 5, p. 6; or a shabby house; Rapacious. B. 1, verse 74, p.
1; Ferry. From. Harassment, A; 9 cann. R. 350; or a dangerous animal known to be such and sorry to be free, like a big bull used to biting people; 4 Burn`s, right. 678; or expose a person with a contagious disease, such as smallpox, in public; 4 M. & S. 73, 272; and so on. 6.-2. A private nuisance is anything that is done to the pain or anger of the country, residential houses or inheritances of another. 3 Com.
1215; Finch, L. 188. 7. These are those that harm the physical heritage; as when a man should build his house to throw away the rainwater that has fallen on my land; F. N. B. 184; or build his own. build without the right to obstruct my old lights; 9 Co. 58; Keep pigs or other animals to disturb his neighbor and make the air unhealthy.
9 Co. 58.8. Private harassment can also harm intangible heirs. For example, if I have a path connected to my property, over another man`s country, and it prevents me from using it by ploughing it or putting tree trunks on it and the like. F. N. B. 183; 2 rolls. Beh 140. 9. Remedies in the event of public nuisance consist in charging the party.
Empty, in general, Com. Dig. measures relating to the event of an inconvenience; Ferry. Beh h.t.; Wine. Beh h.t.; Nels. Beh h.t.; Selw. N. P.
h.t.; 3 Bl. Com. c. 13 Russ. Cr. b. 2, c. 30; 1 0 Mass. R.
72 7 Pick. R. 76; 1 Rep. 129 of Root; 1 John R. 78; 1 p. & R. 219; 3 Yeates` R. 447; 3 Amer. Lawyer, 85 years old; 3 Harr.
& McH. 441; Rose. Cr. Ev. h.t.; Note. Cr. L. Index, b. t.; Note.
Pr. Index, b. t., and vol. 1, p. 383; Bouv. Index inst., h.t.