Distinguishing Nuisance and Trespass

Charleston Nuisance and Trespass or Trespassing | Estate LitigationNuisance and trespass describe two different types of violation of property rights to another person. Both nuisance and trespass can also be considered to be two forms of torts, or civil wrongs. Nuisances can range from the the creation of minor inconveniences to deliberate annoyance. In general, a nuisance is an indirect violation of another person’s ability to enjoy their own property. This may include, but is not limited to:

  • Loud noises or music
  • Pollution, litter or smoke
  • Unpleasant smells
  • Excessive light
  • Public safety hazards (fireworks, possession of a vicious animals, involvement with illegal drug activities, etc.)

Trespass most commonly involves a direct physical violation of another persons’s property without granted consent. Unlike adverse possession laws, trespassing need not necessarily be intentional or hostile, meaning that someone could unknowingly and innocently encroach on private property and thus commit treason. Some rare trespassing cases may not even need to exhibit intrusion on the physical terrain of the property, but could argue trespassing claims for violating the private air space above the property.

In spite of their differences, nuisance and trespass often go hand in hand. It is not uncommon for a neighbor or other local to commit repeated public infractions that could sometimes be considered a nuisance and other times classified as trespassing. In any case, it is important to promptly seek legal counsel to receive injuctive relief or financial compensation. Our Charleston real estate litigation attorneys provide legal counsel to individuals, families and business for any nuisance and trespass concerns to ensure that the rights and safety of our clients are given the utmost attention.

Injunctive Relief and Financial Compensation

Many cases of nuisance and trespass can result in protection against future civil wrongs through the form of in injunctive relief. Injunctive relief refers to an authorized court order that prevents someone committing a specific prohibited action again without punitive consequences. At other times, a defendant may be entitled to financial compensation for certain cases of nuisance and trespass. Contact our South Carolina estate litigation law firm to learn more about your personal rights in nuisance and trespass matters.