abatable nuisance

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abatable nuisance

An old factory smokestack is an abatable nuisance that the city council ordered removed.

Definition

Noun: A type of nuisance (an activity, condition, or thing that causes annoyance, inconvenience, or harm) that is capable of being reduced, removed, or made harmless through reasonable measures.

Usage

This is a specific legal term. It describes a problematic situation that the law does not permit to continue because it can feasibly be stopped or corrected. The focus is on the remediable nature of the problem. - The court determined the noise from the construction site was an abatable nuisance, ordering the company to implement sound-dampening measures. - A leaking chemical tank on a property is considered an abatable nuisance because the hazard can be contained and cleaned up.

Advanced Usage
  • Legal Principle: The concept is central to nuisance law. If a nuisance is deemed "abatable," the affected party can seek a court order (an injunction) to compel the responsible party to abate (remove) it. This is contrasted with a nuisance where the only remedy is monetary damages.
  • "Continuing Nuisance": An abatable nuisance is often a "continuing nuisance," meaning it is ongoing and repeated, rather than a single past event.
Variants and Related Words
  • Abate (verb): To reduce, remove, or put an end to something.
    • The city ordered the landlord to abate the nuisance.
  • Nuisance (noun): An act, condition, or thing that is illegal because it interferes with the rights of others, typically involving use and enjoyment of property or public rights.
  • Public Nuisance: A nuisance that affects the general public or a significant portion of it.
  • Private Nuisance: A nuisance that specifically interferes with an individual's use and enjoyment of their land.
Synonyms
  • Remediable nuisance
  • Correctable nuisance
  • Curable nuisance
Antonyms
  • Permanent nuisance (where the damage is done and cannot be undone, leaving damages as the only remedy)
  • Non-abatable nuisance
abatable nuisance

An old factory smokestack is an abatable nuisance that the city council ordered removed.

Noun
  1. a nuisance that can remedied (suppressed or extinguished or rendered harmless)
    • the continued existence of an abatable nuisance is not authorized under the law