Legal Definitions - legalized nuisance

Legalized nuisance is a term used to describe a situation where a condition, activity, or situation interferes with the use or enjoyment of property, but is allowed by law. This can include things like loud noises, foul odors, or other persistent activities that affect the physical condition of adjacent land or interfere with its use or enjoyment.

For example, a factory that emits noxious fumes may be considered a legalized nuisance if it is allowed to operate despite the negative impact it has on nearby residents. Similarly, a busy highway that causes excessive noise pollution may also be considered a legalized nuisance if it is allowed to continue operating without any measures to mitigate its impact on nearby properties.

Legalized nuisance can be a complex legal issue, as liability may or may not arise from the condition or situation. In some cases, property owners may be able to take legal action to address the nuisance and seek compensation for any damages caused. However, in other cases, the nuisance may be considered legal and property owners may have limited options for recourse.