New Hampshire Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance

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A nuisance is a substantial interference with the right to use and enjoy land, which may be intentional or negligent in origin, and must be a result of defendant's activity.

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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.

Abatement Notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.

It is possible for an appellant to amend its grounds of appeal. It may also be possible for a local authority either to amend or withdraw the abatement notice.

Abatement action means to take steps or contract with someone to take steps to eliminate or mitigate the direct or immediate threat to the public health or the environment caused by a hazardous materials release.

An abatement notice can be served by the local authority if they are satisfied that a statutory nuisance exists, has occurred or is likely to recur. The notice may require that the nuisance be stopped altogether or limited to certain times of day.

Abatement noticesThis may require whoever's responsible to stop the activity or limit it to certain times to avoid causing a nuisance and can include specific actions to reduce the problem.

An abatement notice must be in the prescribed form and state the name of the person to whom it is addressed, the reasons for the notice, the action required to be taken or ceased or not undertaken, the period within which the action must be taken or ceased, the consequence of not complying with the notice, the rights

What is an abatement notice? An abatement notice can be served by the local authority if they are satisfied that a noise problem amounts to a statutory nuisance. The notice may require that the noise be stopped altogether or limited to certain times of day.

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.

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New Hampshire Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance