Examining Ohio Law: Claims for Nuisance

Generally, a "nuisance" is a condition that interferes with the use or enjoyment of an individual's land. There are two types of nuisance:

• A private nuisance is an unreasonable interference with the use and enjoyment of property of another, usually an adjoining landowner. A typical example would be the building of structures or improvements upon a property that causes flooding in an adjoining property.

• A public nuisance is an interference that causes a broader harm to the public. Typical examples include conducting ultra-hazardous activity on the property, i.e. the use of explosives or handling of toxic materials, or morally repugnant activity, i.e. maintenance of a brothel on the property.

There are usually two options for an individual seeking to get rid of a nuisance. First, there is negotiation, wherein the parties attempt to reach a mutually agreeable resolution. However, sometimes the relationship between the parties has devolved to a point where negotiation for stoppage, or "abatement", of the nuisance can be difficult. Nevertheless, an attorney experienced in dealing with these matters may be able to resolve the situation without the need for legal action.

The second option is the filing of a lawsuit asking a court to order the individual in control of the nuisance to cease and desist. The general rule regarding what constitutes a legal nuisance relies upon whether the property use is "unreasonable" under the circumstances. Courts often look at a variety of factors including location and character of the property. A knowledgeable attorney will be able to evaluate these factors and determine what a court may decide.

The attorneys of DiCaudo, Pitchford & Yoder have successfully represented individuals whose property was affected by a nearby nuisance. If you are the victim of a nuisance or have questions regarding the law governing nuisances, contact the Attorneys of DiCaudo, Pitchford & Yoder today.