How to Utilize Nuisance Abatement to get rid of Abandoned/Vacant Properties

In everyday conversation, we often hear "he's just loud" or "that's so loud". But what exactly is nuisance? More specifically, when did an individual's (or group's) conduct become so inappropriate that it rises to the level that it must be prosecuted as harassment under Michigan law? You may be surprised to learn that there is an answer for In fact, he has three types of harassment in Michigan, each with its own uses and elements.

The first form is known by many names, including private harassment, common law harassment, and harassment in action. Whatever you call it, this first type of harassment almost always gets the most attention. Private her harassment is essentially the act of unreasonably interfering with the use and enjoyment of another's property. While this may seem like a simple and straightforward idea, its application in Michigan jurisprudence is likely due to the fact that private nuisance can exist in a variety of circumstances. .

For example, a neighbor has a neon her sign advertising his favorite sport. This sign is not prohibited by local or state law. However, at night, the signs light up and the bedrooms are flooded with neon colors, disturbing a restful sleep. Such a situation can give rise to a viable legal claim for private harassment of your neighbor.However, there is one requirement that must be met. You must prove that the neon sign (or other unreasonable interference with the use and enjoyment of property) caused serious damage. This last requirement for a private harassment claim is one that sets it apart from a trespass claim. A trespass claim does not have to show that the illegal encroachment on your property caused actual damage.

Her second type of harassment allegation in Michigan is most commonly referred to as public harassment. Public harassment is defined as unreasonable interference with the common rights of the general public. The term "unjustifiable interference" is an important term here, and has been debated in many courts, ultimately resulting in actions that (1) seriously affect the health, safety, peace, welfare or convenience of the public, ( 2) is prohibited by law; or (3) the actor knows or should know is of a continuing nature that has a lasting or long-term material effect on those rights. was

This is a marked departure from the simpler doctrine of private harassment, as the actor's inappropriate interference must be of a nature that affects not only his neighbors but the general public. It is no surprise that public harassment allegations are less common than their private harassment cousins.In addition, public harassment lawsuits are typically filed by the public prosecutor, public prosecutor, or attorney general. A private person may sue an actor for public indecency only if he can prove that the actor suffered harm other than harm to the general public. A common example of this is groundwater contamination due to the handling of toxic substances by landowners. Clearly, this presents a situation in which the actions of landowners have had a significant impact on public health and safety. But for civilians, that particular property must also be contaminated in order to make a viable public nuisance claim.

Finally, Michigan also has a special form of harassment known as harassment itself. Harassment itself refers to any act, occupation or structure that constitutes harassment at any time and under any circumstances, regardless of location or circumstances. At first glance, this may sound like a lot to encompass, but in practice it is only used (with a few exceptions) in violation of certain laws. Perhaps the most common situation faced by Michigan courts is when a conduct, occupation, or structure violates local building codes. So, going back to our original sign example, if local building codes specifically forbid neon signs in residential areas, neighbors could be held liable under the nuisance theory itself.

above The first question asked what constitutes harassment under Michigan law, and the answer is that it depends. One oft-cited sentence in the Michigan Supreme Court decision describes harassment as "a big bag of law, a trash can of law." But at a fundamental level, harassment is just a broad legal theory aimed at his one thing. Protect property rights from undue interference