Nuisance per accidens is a form of nuisance that occurs unintentionally. A nuisance is something that causes annoyance to people, such as a loud noise or unpleasant odor. It can also cause damage to property or make it difficult to use. The responsible party may be required to address the nuisance, but not always. The distinction between a nuisance and a trespass is that a trespass involves physically entering someone else’s property without permission, while a nuisance affects the use or enjoyment of the property without physically entering it.
Nuisance per accidens refers to a type of nuisance that occurs unintentionally or by accident. It involves a situation or condition that disrupts the use or enjoyment of property, but liability may or may not arise from it. For instance, if a construction company inadvertently damages a neighbouring property while constructing a new building, it can be classified as a nuisance per accidens. Although the construction company did not have the intention to cause harm, their actions still impeded the neighbouring property owner’s use and enjoyment of their property. Another example of nuisance per accidens could be a tree falling from a property during a storm and damaging a neighbour’s fence. The owner of the tree did not have the intention for the tree to fall and cause damage, yet it still interfered with the neighbour’s use and enjoyment of their property. These examples demonstrate how nuisance per accidens can occur unintentionally and still result in interference with neighbouring properties.
Nuisance per accidens refers to a legal concept where an activity or condition becomes a nuisance due to its impact on a specific individual or property, rather than being inherently a nuisance.
Nuisance per se refers to activities or conditions that are considered nuisances by their very nature, such as loud noises or offensive odors. Nuisance per accidens, on the other hand, depends on the specific circumstances and its impact on a particular individual or property.
Examples of nuisance per accidens can include a neighboring property’s construction noise disrupting a nearby resident’s sleep, or a business’s bright lights causing glare and disturbance to a neighboring property.
To prove that a nuisance is per accidens, you would need to demonstrate that the activity or condition causing the nuisance is not inherently a nuisance but is causing a significant and unreasonable interference with your use and enjoyment of your property.
Remedies for nuisance per accidens can include seeking an injunction to stop the activity causing the nuisance, seeking damages for any harm caused, or requesting the court to order the responsible party to take measures to mitigate the nuisance.
Yes, you can still sue for nuisance per accidens even if the activity causing the nuisance is legal. The key factor is whether the activity unreasonably interferes with your use and enjoyment of your property.
Yes, a nuisance per accidens claim can still be successful even if the nuisance is temporary. The duration of the nuisance does not necessarily impact its impact on your use and enjoyment of your property.
Yes, you can claim damages for nuisance per accidens if you can prove that the nuisance has caused harm or financial loss. This can include medical expenses, property damage, or loss of rental income.
Yes, you can file a complaint for nuisance per accidens with local authorities, such as the local zoning board or environmental agency. They may investigate the matter and take appropriate action to address the nuisance.
Yes, you can defend yourself against a nuisance per accidens claim by demonstrating that the activity or condition causing the alleged nuisance does not unreasonably interfere with the plaintiff’s use and enjoyment of their property. You may also argue that the plaintiff’s claim is unfounded or exaggerated.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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