A nuisance is a condition or use of property that interferes with adjoining landowners’ (neighbors) use and enjoyment of their properties; or endangers the life, health, enjoyment, or safety of others; or is offensive to others. Loud noises, foul odors, unsightly conditions, and illegal or immoral activities (such as prostitution or illegal drug activity) on a property are common examples of nuisances.
Trash, litter, uncut grass or vegetation, untrimmed trees, graffiti, and abandoned motor vehicles and tires are also common subjects of nuisance abatement efforts—often undertaken by a city or town’s code compliance or code enforcement department or division.
Abatement is generally the act of stopping, eliminating, or nullifying some condition or activity. Nuisance abatement or abatement of a nuisance generally includes stopping or eliminating a noise, odor, unsightly condition, or other nuisance—or repairing or demolishing a home, apartment complex, or other building the owner has failed to maintain and that endangers the life, health, safety, or life enjoyment of persons in the neighborhood.
State laws (statutes) often provide local governments with certain nuisance abatement powers to compel the owner of a property to fix or remedy the conditions creating a nuisance—and if the owner fails to do so, the local government may do so, such as by demolishing or razing a building.
Under some circumstances the local government may choose to repair or rehabilitate the nuisance condition—or remove, remediate, transport, and dispose of materials or property on the premises that are creating the nuisance.
Local governments may also have the right to prohibit access to the premises by some or all persons, and to control access to the premises.
In Massachusetts, nuisance law is primarily governed by common law, but there are also state statutes and local ordinances that address nuisances. A nuisance in Massachusetts is an unreasonable, unwarranted, or unlawful use of one's property that substantially interferes with the right of another to peacefully enjoy their property. This can include loud noises, foul odors, and illegal activities, among other things. Local governments in Massachusetts have the authority to enforce nuisance abatement, which may involve compelling a property owner to address the nuisance. If the owner fails to do so, the local government may take direct action, such as cleaning up the property, demolishing unsafe structures, or otherwise remedying the nuisance. Costs incurred by the local government for such actions can often be recovered from the property owner. Additionally, local ordinances may provide specific procedures and remedies for nuisance abatement, including the ability to prohibit or control access to the premises causing the nuisance.