Abatable Nuisance - Law Dictionary Search Results
Home Dictionary Name: abatable nuisanceAbatable nuisance
Abatable nuisance, means a nuisance so easily removable that the aggrieved party may lawfully cure the problem without notice to the liable party, such as overhanging tree branches, Black Law Dictionary, 7th Edn., p. 1094....
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
abate
abate abat·ed abat·ing [Old French abattre, literally, to knock down, from a-, prefix stressing result + battre to beat] vt 1 a : to put an end to or do away with [ a nuisance] b : make void : nullify [ an action] 2 : to reduce in amount esp. proportionately [ a tax] vi 1 : to become defeated or become null or void [when a public officer is a party to an appeal…in an official capacity and during its pendency dies…the action does not "Federal Rules of Appellate Procedure Rule 43"] 2 : to decrease in amount or value [the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all of the bequests and devises may have to be abated to make up the deficit. Under the Uniform Probate Code, property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate...
abatement
abatement 1 : the act or process of abating or the state of being abated [challenged the of her bequest] [ of a private nuisance by self-help "W. L. Prosser and W. P. Keeton"] 2 : an amount abated : deduction ;esp : a deduction from the full amount of a tax in abatement : subject to termination because of a formal or procedural defect [there shall be no reversal in the Supreme Court…for error in ruling upon matters in abatement "U.S. Code"] ...
Abator, or Abater
Abator, or Abater, one who abates a nuisance or enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or devisee, Cowel. Also an agent or cause by which an abatement is procured....
Abator
Abator, is a person who eliminates a nuisance; a person who tortiously intrudes on an heir's freehold before the heir takes possession, Black Law Dictionary, 7th Edn., p. 2....
nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
nuisance per accidens
nuisance per accidens : nuisance in fact at nuisance ...
Continuing nuisances
Continuing nuisances, may amount to a further tort of nuisance; this is called a continuing nuisance, Taberley v. Henry W Peabody & Co of London Ltd., Rowland Smith Motors Ltd. and Rowland Smith, (1946) 2 All ER 1992....
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