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Nuisance Notes

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97 views4 pages

Nuisance Notes

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SZ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NUISANCE

Nuisance
A nuisance is any act, omission, establishment, business, condition of property, or
anything else which:
(1) Injures or endangers the health and safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies, or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street,
or any body of water; or
(5) Hinders or impairs the use of property.

Can a person be considered a nuisance?


NO.
 The legal definition of nuisance excludes persons. Unius est exclusion alterius.
The express mention of one excludes the others.
 A person cannot be judicially or extrajudicially abated.

Nuisance v. negligence
The legal basis of liability for nuisance is not negligence but the resulting injury to others
regardless of the degree of care or skill exercised to avoid such injury.
Liability for negligence is based on want of proper care.

Nuisance v. trespass
Nuisance is an interference with the use and enjoyment of property.
Trespass is an invasion of the plaintiff’s interest in the exclusive possession of his land.

Classification of nuisance (NCC):


1. Public nuisance – affects the community or neighborhood or any considerable
number of persons, although the extent of the annoyance, danger, or damage
upon individuals may be unequal.
2. Private nuisance – affects only an individual or a limited number of individuals.
Requisites to recover under a private nuisance:
1. There was damage to the property
2. The interference is either:
a. Intentional and unreasonable; or
b. Unintentional and otherwise negligent or reckless conduct; or
c. Resulting in abnormally dangerous activities in an appropriate place.

Comparative utility or balancing of utilities doctrine


There is only a nuisance if the annoyance or interference outweighs the utility to the
actor and to society as a whole.

Factors in determining unreasonableness:


1. Locality of plaintiff because inhabitants of industrial areas must expect more
interference;
2. Extent of the interference;
3. Time of day.

Old classification of nuisance:


1. Per se – a nuisance under any and all circumstances.
2. Per accidens – may become a nuisance by reason of the circumstances of the
location or surroundings or manner in which it is performed and its existence
being a question of fact, cannot be abated without due hearing thereon in a
tribunal authorized to decide whether such a thing does in law constitute a
nuisance.

Doctrine of attractive nuisance


One who maintains on his premises dangerous instrumentalities or appliances of a
character likely to attract children in play, and who fails to exercise ordinary care to
prevent children from playing therewith or resorting thereto, is liable to a child of tender
years who is injured thereby, even if the child is technically a trespasser in the
premises.

Remedies for public nuisance:


1. Criminal prosecution
2. Civil action
3. Abatement without judicial proceedings

Remedies for private nuisance:


1. Civil action
2. Abatement without judicial proceedings

Remedies are cumulative


The remedies of abatement and damages are cumulative, that is, both may be
demanded (Art. 697).

Abatement of nuisance
The abatement of a nuisance without judicial proceedings is possible only if it is a
nuisance per se. A nuisance per accidens cannot be abated without due hearing.
The LGU has no power to summarily abate a nuisance per accidens in the guise of
exercising its police power through an ordinance. If it does, such ordinance is null and
void because it violates due process.

Who may abate nuisance:


1. Public health officer
2. City or municipal engineer
3. Private person

 Cruz v. Pandacan Hikers’ Club: Under Art. 700, the abatement, including one
without judicial proceedings, of a public nuisance is the responsibility of the district
health officer. Under Art. 702, the district health officer is also the official who shall
determine whether or not abatement, without judicial proceedings, is the best
remedy against a public nuisance. The two articles do not mention that the chief
executive of the local government is authorized as the official who can determine the
propriety of a summary abatement.

Requisites for private person to abate nuisance:


1. Demand must first be made upon the owner or possessor of the property to
abate the nuisance;
2. Such demand has been rejected;
3. The abatement was approved by the district health officer and executed with the
assistance of the police;
4. The value of the destruction does not exceed P3,000.

Liability for extrajudicial abatement


A private person or a public health officer who extrajudicially abates a nuisance shall be
liable for damages if:
a. He causes unnecessary injury; or
b. An alleged nuisance is later declared by the courts to be not a real nuisance.

Effect of lapse of time


Lapse of time cannot legalize any nuisance whether public or private.
XPN: Easements which are extinguished by obstruction and non-user for 10 years.

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