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3.9-23 Private Nuisance - Damages
Revised to January 1, 2008
General
As damages for a private nuisance,
the plaintiff is entitled to recover such out-of-pocket expenses as were
proximately caused by the nuisance. The plaintiff is also entitled to
recover damages for physical discomfort and annoyance.
Measure of damages -
temporary v. permanent nuisance
While one element of nuisance is
that the condition was a continuing one, there is no requirement that the
condition last forever. Thus a nuisance may be temporary or permanent.
A permanent nuisance is one which
inflicts a permanent injury upon real estate. If you find that this was a
permanent nuisance, in addition to recovering any out-of-pocket expenses and
recovering damages for physical discomfort and annoyance, the plaintiff is
also entitled to recover for the depreciation in the value of the injured
property.
A temporary nuisance is one that
inflicts no permanent injury on the real estate but rather creates a
temporary interference with the use and enjoyment of the property by the
plaintiff. If you find that this was a temporary nuisance, in addition to
recovering any out-of-pocket expenses and recovering damages for physical
discomfort and annoyance, the plaintiff is also entitled to recover for the
temporary reduction in rental value, as opposed to the depreciation of the
market value.
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