Pennsylvania Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance
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FAQ
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.
Courts now interpret the Restatement as laying out four distinct elements: the existence of a public right, a substantial and unreason- able interference with that right, proximate causation, and injury.
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.
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.
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.
A nuisance which effects the immediate safety of persons or property, or which constitutes an obstruction to the streets and highways under circumstances presenting an emergency, may be summarily abated under the undefined law of necessity.
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, in law, the interruption of a legal proceeding upon the pleading by a defendant of a matter that prevents the plaintiff from going forward with the suit at that time or in that form.
