That’s a Nuisance! Or is it? (What Constitutes a Nuisance Under Georgia Law.)

Real Estate Law

According to the 2019 forecast from the University of Georgia Terry College of Business, construction is the fastest-growing sector of the State of Georgia’s economy. Job growth is predicted in all of Georgia’s 14 metropolitan areas and in all of the state’s major industries. Part of this growth includes considerable real estate development and homebuilding.

While all this growth may be great for jobs and the economy, such dense and rapid development can have wide-ranging impacts on neighboring properties— causing disruption and damage.

Which leads us to ask, in the face of rapid development, can adjoining property owners recover for the damage done to their businesses or real property?

Generally, yes.

There is an entire body of Georgia law that can provide wronged property owners with redress.

What is it?

It is the law governing…

Nuisances.

Georgia’s nuisance laws can provide a remedy for landowners whose property has been damaged by, for example, the activities of a developer, neighboring landowner, or municipality. Nuisance law protects the rights of property owners by providing the right to full use and enjoyment of property without interference from anyone else.

In fact, property rights are so important that the law broadly defines a “nuisance” to include literally “anything that causes hurt, inconvenience, or damage to another…” . This right is so inclusive that even lawful acts can be considered a nuisance.

However, before an act (whether legal or not) can be considered a “nuisance,” the act or inconvenience complained of must be one which would affect (i.e., annoy, inconvenience, or interfere with) an ordinary reasonable man. It cannot be something that “would affect only one of fastidious taste…”. To be considered a “nuisance” in the legal sense, the act or activity must be conducted in a manner that causes hurt, inconvenience, or damage to another.

Of course, this does not mean that all acts that cause inconvenience or even harm will be a nuisance. That is because the law excepts certain disruptive and/or harmful activities, like shooting ranges or certain agricultural activities, from its definition of nuisance. The law of nuisance attempts to strike a balance between the rights of property owners to enjoy the full use and enjoyment of their property, and the acts —even the socially desirable acts—of others that can interfere with that use and enjoyment.

Real Estate Attorneys Who Make a Difference.

We practice all aspects of Georgia real estate law. We serve clients in and around Atlanta, Marietta, Roswell, Sandy Springs, Kennesaw, Forsyth County, and a number of other counties in Georgia. Call us at 770-888-7707. Or you can contact us here, or send inquiries by e-mail to: lawofficesofmarkweinstein@gmail.com.

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Damages Recoverable in a Nuisance Case.
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