Nuisance Law And Equity

Nuisance Law and Equity By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar Where there are two adjoining landowners with a common border, it is sometimes the case that one landowner engages in activities which adversely affect the other landowner. When this happens the injured landowner can bring a cause of action for Nuisance, which is a Tort for which the plaintiff can recover damages and can even sometimes get relief through a Court ordered injunction stopping the conduct of the other landowner.

In fact, in some instances, the landowner who is causing the harm need not

even be next door but could even be miles away. A Nuisance can involve smoke, soot, noise, a visual mess, or pollution. Ordinarily, in Nuisance law the Court, in deciding the case will balance the harm with the benefit, with respect to the two landowners. In fact, I argue that it is better to consider this the balancing of the Equities, where the needs of each side are taken into account.

For example, if there is a concrete plant next door to the house, and the house

was built first, the Court must balance the need of the house owner to have property is not being polluted with lime dust, which typically causes lung problems for people, and kills the grass and plants and trees on the lot where the house is located. On the other hand, once can argue that the Cement Plant has a need to produce cement and make money and employ persons. However, the Court should look at alternatives for the plant. Could the Cement Plant locate somewhere else where houses are not affected? Could the Cement Plant place a Scrubber of Filter to prevent the pollution? Finally, the Court

could consider that there are more houses in the neighborhood than just one house, and, the Court might order significant long term damages rather than using injunctive relief.