A nuisance lawsuit exists when there is an “unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to enjoy his property.” Basham v. City of Cuba, 257 S.W.3d 650, 653 (Mo. Ct. App. 2008). If there is a nuisance, the measure of damages depends on whether the…
Legal Articles
Damages to Real Property, Measure of Damages, Fair Market Value
In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v….
Nuisance: Real Property/Estate Interference
An owner of real estate may maintain a lawsuit for nuisance if there is an unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to peacefully enjoy his or her property. Frank v. Envtl. Sanitation Msgmt, Inc., 687 S.W.2d 876, 880 (Mo. 1985). A nuisance claim is…
Nuisance: Land and Real Estate
Nuisance is not a stand-alone tort with its own special rules. Rather, a nuisance is a type of harm — the invasion of either private property rights or public rights, intentionally or negligently. More often than not, however, nuisances generally are intentionally interferences with someone’s use or enjoyment of his or her land/real estate. Nuisance…