Nuisance per accidens cannot be summarily abated
Dear PAO,We currently live in a subdivision. Our neighbors parked their car outside their garage and have even built a mini basketball court on the road itself. Because of this, my neighbors and I are having difficulty passing through that road because of the obstructions. One evening, they even closed that particular part of the road, thus, none of us could pass through it. Most of the families living in our subdivision were affected by this road obstruction.
As to its susceptibility to summary abatement, case law provides that nuisance may be classified as nuisance per se or nuisance per accidens. A nuisance per se affects the immediate safety of persons and property, thus, it could be summarily abated under the law of necessity. On the other hand, a nuisance per accidens cannot be abated without due hearing on whether or not such thing is considered in law as nuisance.
Per Accidens Cannot Be Summarily Abated
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