Nuisance

Question 1

What is a nuisance?

Answer 1

A nuisance is any act, omission, establishment, condition of property, or anything else which:
(a) Injures or endangers the health or safety of others
(b) Annoys or offends the senses
(c) Shocks, defies, or disregards decency or morality
(d) Obstructs or interferes with the free passage of any public highway or street, or any body of water
(e) Hinders or impairs the use of property

Question 2

What is the difference between a public nuisance from a private nuisance?

Answer 2

A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may not be equal.

A private nuisance on the other hand, is one that is not included in the foregoing definition.

Question 3

Can a successive owner or possessor of a property causing nuisance be liable?

Answer 3

Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it.

Question 4

Can a lapse of time legalize any nuisance?

Answer 4

No, it can’t.

Question 5

What are the remedies against a public nuisance?

Answer 5

(a) A prosecution under the Penal Code or any local ordinance
(b) A civil action
(c) Abatement, without judicial proceedings

Question 6

Who can file for a public nuisance?

Answer 6

(a) District health officer - Can avail all of the remedies
(b) City or municipal mayor - Civil Action
(c) Private person - File an action if specially injurious to himself.

Question 7

Can a private person abate a public nuisance? If so, how?

Answer 7

Yes, if it is specially injurious to himself.

He can remove or destroy the thing causing the nuisance without committing a breach of peace or doing unnecessary injury.

But it is necessary:
(a) The demand be first made upon the owner or possessor of the property to abate nuisance
(b) That such demand has been rejected
(c) That the abatement be approved by the district health officer and executed with the assistance of the local police
(d) That the value of the destruction does not exceed three thousand pesos

This also applies to abatement of a private nuisance.

Question 8

What are the remedies for private nuisance?

Answer 8

(a) A civil action
(b) Abatement, without judicial proceedings