Georgia Notice to Adjoining Business Proprietor of, and Request to Abate, Nuisance
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FAQ
The threshold remedy for a nuisance is for the public officer to order the owner to abate the nuisance; that is, to repair those conditions that have led a property to be deemed a nuisance. The order requires the owner to make the repairs or take other action within a reasonable time set by the public officer.
While the tort of private nuisance provides a remedy for interferences with the use and enjoyment of real estate, the tort of public nuisance allows recovery for activities that hurt a neighborhood or society.
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.
The courts will weigh the interests of the defendant against those of the plaintiff to determine what is unreasonable. The interference with the plaintiff's comfort must be greater than the benefits of the defendant's conduct. It must be something that a reasonable person would complain of.
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.
A substantial interference is one that would be offensive, inconvenient, or annoying to a reasonable person. The court will look at factors like whether there is financial loss, whether there has been any physical change in the property, and if the harm is continuous and ongoing.
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.
More specifically, the tort of private nuisance protects a person's right to use and enjoy his or her property. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises.
Abatement notice is the notice given to the owner (or occupier) of a property as a warning that his or her house has infringed local ordinances or laws, and he or she must take the necessary measures to correct the violation, or else the process of abating whatever nuisance that property's been causing to the community
