abatable nuisance
An old factory smokestack is an abatable nuisance that the city council ordered removed.
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.
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.
- 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.
- 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.
- Remediable nuisance
- Correctable nuisance
- Curable nuisance
- Permanent nuisance (where the damage is done and cannot be undone, leaving damages as the only remedy)
- Non-abatable nuisance
An old factory smokestack is an abatable nuisance that the city council ordered removed.
- a nuisance that can remedied (suppressed or extinguished or rendered harmless)
- the continued existence of an abatable nuisance is not authorized under the law