What Is Abatement of Nuisance?
In real estate law, a nuisance is an activity or physical condition on one property that unreasonably interferes with a neighbor's right to use and enjoy their own property. "Abatement" simply means to reduce, eliminate, or stop. Therefore, an abatement of nuisance is a legal action taken to force the offending party to stop the disruptive activity or remove the hazardous condition.
Public vs. Private Nuisance
Florida law categorizes nuisances into two types, which determine who has the legal standing to seek abatement:
- Private Nuisance — Affects a single individual or a small, specific group of neighbors. Examples include a neighbor playing deafening music at 3 AM every night, chemical runoff spilling into a specific neighbor's yard, or a hoarding situation that creates a severe rat infestation next door. The affected property owner must file a civil lawsuit seeking an injunction for abatement.
- Public Nuisance — Affects the health, safety, or morals of the general public or an entire community. Examples include a property being used as an illegal drug house, an unregulated dumping ground creating toxic fumes, or a derelict building on the verge of collapsing into a public right of way. Under Chapter 823, Florida Statutes, local governments, police, or state attorneys typically bring abatement actions against public nuisances.
The Abatement Process
To abate a private nuisance, a property owner files a lawsuit in circuit court seeking injunctive relief. The plaintiff must prove that the interference is substantial, unreasonable, and causes actual harm or loss of enjoyment. The court may issue a temporary injunction immediately stopping the activity pending trial, and ultimately a permanent injunction ordering the permanent abatement of the nuisance.
If the defendant refuses to comply with the court's abatement order, they can be held in contempt of court and face severe financial penalties or even jail time.
Related Terms
- Quiet Enjoyment — The fundamental property right violated by a nuisance
- Encroachment — A physical intrusion that can sometimes be abated as a nuisance
- Zoning — Zoning code violations are frequently treated as public nuisances
Barnes Walker Property Litigation
Barnes Walker's litigation attorneys represent Florida property owners and homeowners' associations (HOAs) in private nuisance lawsuits and abatement actions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC