THE STANDARD OF UNUSUAL DAMAGE IN COMPENSATION FOR NEIGHBORHOOD NUISANCES: A COMPARATIVE STUDY

Abstract

The neighborhood bond between landlords or property owners creates a legal relationship that imposes mutual obligations, most notably the obligation not to harm the neighbor. If the use of the property results in damages that are common in the neighborhood and cannot be avoided of course, these damages do not entail legal liability on the owner; If the damage exceeds the usual limit, causing unusual damage to the neighbor, liability is incurred, and the owner has an obligation to compensate.

The right to compensation for unusual neighborhood damage is provided for by two basic conditions: first, the existence of a legal neighborhood relationship between the parties, and second, that the damage achieved is of an unusual nature beyond the limits that are customary to be accepted within the scope of relations between neighbors.

As for the forms of compensation, they vary according to the nature of the damage. Compensation may be in kind, by removing the source of the damage and restoring the situation to what it was, or it may be in cash, when it is not possible to implement in kind, in order to ensure that the damage caused to the injured is fairly and effectively reparated.