Evelyn here,
Below are the menaing of Nuisance and the Florida courts finding differences.
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What is a nuisance? Although as a general rule a property owner is free to reasonable use of that property, a property owner cannot use the property in a way that interferes with an adjoining landowner's right to enjoy his property. If he does, then a nuisance may exist (see 38 Fla. Jur 2d Nuisances section 1). Two major forms of nuisance exist: public and private. A private nuisance affects only private rights in property and harms only a limited number of individuals. A public nuisance causes damage to public rights, public order, or the general public (see 38 Fla. Jur 2d Nuisances section 6). Nuisances can exist in a variety of examples ranging from operation of an illegal activity on the property to noise pollution or to the erection of a fence. Both public and private nuisance can involve criminal actions or lawsuits, which can be used to obtain damages or an injunction against the landowner. An injunction would result in a court order to force the landowner to stop using the land in any way that was interfering with the adjoining landowners' uses (see Fla. Jur 2d Nuisances sections 79 and 87). When do courts find a nuisance? Not every use of property that inconveniences another person is automatically a nuisance. Such use may become a nuisance if the circumstances of the case show that the use is continued and causes substantial harm to legal rights. The motive or intention of the property owner causing the activity is immaterial to the finding of a nuisance (see Fla. Jur 2d Nuisances sections 14 and 20). Often, a statute may declare a certain use to be a nuisance. A court may decline to grant an injunction if it finds that the party seeking relief has an improper motive (see Fla. Jur 2d Nuisances section 93).
Examples of cases discussing fences and nuisance are as follows:
- Example 1. W builds two fences. Both fences hinder
the use of a private road. The court found that when a fence hinders
the use of a road, it is considered a nuisance (see White Sands, Inc. v. Sea Club Condominium Association, Inc., 581 So. 2d 589 [2nd DCA 1990]).
- Example 2. P complained that D, an adjoining landowner, built a metal slated, chain-link fence that was high enough to block the view of their neighborhood waterfront and make their neighborhood appear more like an institution. D claimed to have built his fence to prevent trespass by children and burglary and for privacy purposes. The court allowed the fence to remain because other similar fences had been built in the neighborhood without complaint and the fence did not completely cut off P's beach view. Additionally, there was no spite or malice on D's part (see Walden v. Van Harlingen, 220 So. 2d 670 [1st DCA 1969]).
I added two more links to the "Favorite Sites" area. The 2007 Florida Statutes and the Pinellas County Home Page.
Evelyn out.
