2021 Georgia Code
Title 41 - Nuisances
Chapter 1 - General Provisions
§ 41-1-1. Nuisance Defined Generally

A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.

(Orig. Code 1863, § 2942; Code 1868, § 2949; Code 1873, § 3000; Code 1882, § 3000; Civil Code 1895, § 3861; Civil Code 1910, § 4457; Code 1933, § 72-101.)

- Regulation of fireworks, T. 25, C. 10.

Causes of action and remedies for injuries to real estate, T. 51, C. 9.

- For article, "Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia," see 14 Mercer L. Rev. 308 (1963). For article discussing Georgia's practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B.J. 11 (1975). For article discussing nuisances as "Hidden Liens," see 14 Ga. St. B.J. 32 (1977). For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005) and 58 Mercer L. Rev. 477 (2006). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007) and 60 Mercer L. Rev. 457 (2008). For note, "Town of Fort Oglethorpe v. Phillips: A Clarification of Georgia's Public Nuisance Law?", see 5 Ga. St. B.J. 474 (1969). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const. 1976, Art. VI, Sec. V, Para. I, see 27 Emory L.J. 717 (1978). For comment on Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946), see 9 Ga. B.J. 325 (1947). For comment on Gatewood v. Hansford, 75 Ga. App. 567, 44 S.E.2d 126 (1947), see 10 Ga. B.J. 372 (1948). For comment on Bennett v. Bagwell & Stewart, 214 Ga. 115, 103 S.E.2d 561 (1958), holding that as a nuisance is a continuing trespass, a court in equity will enjoin it in the county of the resident defendant even though he is only an agent or employee of the nonresident defendant, see 21 Ga. B.J. 564 (1959).

ANALYSIS

• General Consideration
• Power of Municipality to Create Nuisance
• Classes of Nuisances
• Manner of Proof
• Damages
• Illustrative Cases

Municipality's potential liability for acts of a probationer working on a community service project will have to be determined from the facts in each case, which will show whether the injury was the result of a nuisance, as defined in former Code 1933, § 72-101 (see now O.C.G.A. § 41-1-1), or negligence, as stated in former Code 1933, § 69-301 (see now O.C.G.A. § 36-33-1). 1975 Op. Att'y Gen. No. 75-32.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, § 1-3.

- 66 C.J.S., Nuisances, §§ 1-12.

- Trolley poles in street as nuisance, 2 A.L.R. 496.

Proximate cause as determining landlord's liability, where injury results to a third person from a nuisance that becomes only upon tenant's using the premises, 4 A.L.R. 740.

Pesthouse or contagious disease hospital as nuisance, 4 A.L.R. 995; 18 A.L.R. 122; 48 A.L.R. 518.

Steam whistle as a nuisance, 4 A.L.R. 1343.

Operation of railroad as nuisance to property, 6 A.L.R. 723; 69 A.L.R. 1188.

Nuisance resulting from smoke alone as subject for injunctive relief, 6 A.L.R. 1575.

Fire escape as an attractive nuisance, 9 A.L.R. 271.

Necessity of knowledge by owner of real estate of a nuisance maintained thereon by another to subject him to the operation of a statute providing for the abatement of nuisances, or prescribing a pecuniary penalty therefor, 12 A.L.R. 431; 121 A.L.R. 642.

Liability of purchaser of premises for nuisance thereon created by predecessor, 14 A.L.R. 1094.

Injunction against operation of talking machine, mechanical musical device, etc., 22 A.L.R. 1200.

Noise from operation of industrial plant as nuisance, 23 A.L.R. 1407; 90 A.L.R. 1207.

Nuisance by encroachment of walls or other parts of building on another's land as permanent or continuing, 29 A.L.R. 839.

Gas, water, or electric light plant as a nuisance, and the remedy therefor, 37 A.L.R. 800.

Nuisance by manner of or circumstances attending performance of duty enjoined by law, 38 A.L.R. 1437.

Attractive nuisances, 45 A.L.R. 982; 53 A.L.R. 1344; 60 A.L.R. 1444.

Public "comfort stations", 55 A.L.R. 472.

Induction, conduction and electrolysis, 56 A.L.R. 421.

Tramroad or other private railroad as a nuisance, 57 A.L.R. 943.

Newspaper or magazine as a nuisance, 58 A.L.R. 614.

Burning of soft coal as a nuisance, 58 A.L.R. 1225.

Oil as nuisance; liability for damage to adjoining property, 60 A.L.R. 483.

Mosquitoes or other insect pests; conditions breeding as a nuisance, 61 A.L.R. 1145.

Injunction against use of property for circuses, carnivals, and similar itinerant outdoor amusements, 63 A.L.R. 407.

Pipeline as nuisance, 75 A.L.R. 1325.

Dogs as nuisance, 79 A.L.R. 1060.

Bakery as a nuisance, 86 A.L.R. 998.

Liability of public contractor for damages from acts or conditions necessarily incident to work which would otherwise amount to nuisance, 97 A.L.R. 205.

Aeroplanes and aeronautics, 99 A.L.R. 173.

Cremation and crematories, 113 A.L.R. 1128.

Automobile gas filling or supply station as a nuisance, 124 A.L.R. 383.

Gas company's liability for injury or damage by escaping gas, 138 A.L.R. 870.

Injunction against acts or conduct, in street or vicinity, tending to disparage plaintiff's business or his merchandise, 144 A.L.R. 1181.

Use of property for production of war goods as affecting question of nuisance, and injunction to abate same, 145 A.L.R. 611.

Supermarket, superstore, or public market as a nuisance, 146 A.L.R. 1407.

Medical clinic as a nuisance, 153 A.L.R. 972.

Zoning regulation as affecting question of nuisance within zoned area, 166 A.L.R. 659.

Racing, or betting on races, as nuisance, 166 A.L.R. 1264.

Attracting people in such numbers as to obstruct access to the neighboring premises, as nuisance, 2 A.L.R.2d 437.

Coalyard as a nuisance, 8 A.L.R.2d 419.

Public regulation and prohibition of sound amplifiers or loud-speaker broadcasts in streets and other public places, 10 A.L.R.2d 627.

Animal rendering or bone-boiling plant or business as nuisance, 17 A.L.R.2d 1269.

Stockyard as a nuisance, 18 A.L.R.2d 1033.

Liability for injury to property occasioned by oil, water, or the like flowing from well, 19 A.L.R.2d 1025.

Liability for injury on parking or strip between sidewalk and curb, 19 A.L.R.2d 1053; 98 A.L.R.3d 439.

Use of phonograph, loudspeaker, or other mechanical or electrical device for broadcasting music, advertising, or sales talk from business premises, as nuisance, 23 A.L.R.2d 1289.

Dust as nuisance, 24 A.L.R.2d 194; 79 A.L.R.3d 253.

Tourist or trailer camp, motor court or motel, as nuisance, 24 A.L.R.2d 571.

Private school as nuisance, 27 A.L.R.2d 1249.

Quarries, gravel pits, and the like, as nuisances, 47 A.L.R.2d 490.

Cemetery or burial ground as nuisance, 50 A.L.R.2d 1324.

Public dump as nuisance, 52 A.L.R.2d 1134.

Landowner's or occupant's liability in damages for escape, without negligence, of harmful gases or fumes from premises, 54 A.L.R.2d 764; 2 A.L.R.4th 1054.

Automobile sales lot or used car lot as nuisance, 56 A.L.R.2d 776.

Attractive nuisance doctrine as applied to machine or machinery in motion other than vehicles, railroad cars, or streetcars, 62 A.L.R.2d 898.

Golf course or driving range as a nuisance, 68 A.L.R.2d 1331.

Contributory negligence or assumption of risk as defense to action for damages from nuisance - modern views, 73 A.L.R.2d 1378.

Water sports, amusements, or exhibitions as nuisance, 80 A.L.R.2d 1124.

Parking lot or place as nuisance, 82 A.L.R.2d 413.

Practice of exacting usury as a nuisance or ground for injunction, 83 A.L.R.2d 848.

Nonencroaching vegetation as a private nuisance, 83 A.L.R.2d 936.

Automobile wrecking yard or place of business as nuisance, 84 A.L.R.2d 653.

Oil refinery as a nuisance, 86 A.L.R.2d 1322.

Liability of abutting owner or occupant for condition of sidewalk, 88 A.L.R.2d 331.

Drive-in restaurant or cafe as nuisance, 91 A.L.R.2d 572.

Dairy, creamery, or milk distributing plant, as nuisance, 92 A.L.R.2d 974.

Drive-in theater or other outdoor dramatic or musical entertainment as nuisance, 93 A.L.R.2d 1171.

Keeping pigs as a nuisance, 2 A.L.R.3d 931.

Keeping poultry as nuisance, 2 A.L.R.3d 965.

Motorbus or truck terminal as nuisance, 2 A.L.R.3d 1372.

Electric generating plant or transformer station as nuisance, 4 A.L.R.3d 902.

Saloons or taverns as nuisance, 5 A.L.R.3d 989.

Keeping of dogs as enjoinable nuisance, 11 A.L.R.3d 1399.

Institution for the punishment or rehabilitation of criminals, delinquents, or alcoholics as enjoinable nuisance, 21 A.L.R.3d 1058.

Gun club, or shooting gallery or range, as nuisance, 26 A.L.R.3d 661.

Keeping horses as nuisance, 27 A.L.R.3d 627.

Children's playground as nuisance, 32 A.L.R.3d 1127.

Billboards and other outdoor advertising signs as civil nuisance, 38 A.L.R.3d 647.

Modern status of rules as to balance of convenience or social utility as affecting relief from nuisance, 40 A.L.R.3d 601.

Operation of incinerator as nuisance, 41 A.L.R.3d 1009.

Laundry or drycleaning establishment as nuisance, 41 A.L.R.3d 1236.

Automobile racetrack or drag strip as nuisance, 41 A.L.R.3d 1273.

Residential swimming pool as nuisance, 49 A.L.R.3d 545.

Public swimming pool as nuisance, 49 A.L.R.3d 652.

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.

Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 696.

Liability of oil and gas lessee or operator for injuries to or death of livestock, 51 A.L.R.3d 304.

Absolute liability for blasting operations as extending to injury or damage not directly caused by debris or concussion from explosion, 56 A.L.R.3d 1017.

Zoo as nuisance, 58 A.L.R.3d 1126.

Pornoshops or similar places disseminating obscene materials as nuisance, 58 A.L.R.3d 1134.

Interference with radio or television reception as nuisance, 58 A.L.R.3d 1142.

Attractive nuisance doctrine as applied to trees, shrubs, and the like, 59 A.L.R.3d 848.

Recovery of damages for emotional distress, fright, and the like, resulting from blasting operations, 75 A.L.R.3d 770.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

Existence of, and relief from, nuisance created by operation of air conditioning or ventilating equipment, 79 A.L.R.3d 320.

Fence as nuisance, 80 A.L.R.3d 962.

Keeping bees as nuisance, 88 A.L.R.3d 992.

Liability of swimming facility operator for injury to or death of trespassing child, 88 A.L.R.3d 1197.

Liability for injury to or death of child from electric wire encountered while climbing tree, 91 A.L.R.3d 616.

Liability for overflow of water confined or diverted for public power purposes, 91 A.L.R.3d 1065.

Governmental liability from operation of zoo, 92 A.L.R.3d 832.

Liability for injuries in connection with ice or snow on nonresidential premises, 95 A.L.R.3d 15.

Bells, carillons, and the like, as nuisance, 95 A.L.R.3d 1268.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from defect or obstruction on roadside parkway or parking strip, 98 A.L.R.3d 439.

Recovery in trespass for injury to land caused by airborne pollutants, 2 A.L.R.4th 1054.

Funeral home as private nuisance, 8 A.L.R.4th 324.

Windmill as nuisance, 36 A.L.R.4th 1159.

Computer as nuisance, 45 A.L.R.4th 1212.

Telephone calls as nuisance, 53 A.L.R.4th 1153.

Tree or limb falling onto adjoining private property: personal injury and property damage liability, 54 A.L.R.4th 530.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.

Tort liability for pollution from underground storage tank, 5 A.L.R.5th 1.

State and local government control of pollution from underground storage tanks, 11 A.L.R.5th 388.

Nuisance as entitling owner or occupant of real estate to recover damages for personal inconvenience, discomfort, annoyance, anguish, or sickness, distinct from, or in addition to, damages for depreciation in value of property or its use, 25 A.L.R.5th 568.

Tower or antenna as constituting nuisance, 88 A.L.R.5th 641.

Keeping of domestic animal as constituting public or private nuisance, 90 A.L.R.5th 619.

Sewage treatment plant as constituting nuisance, 92 A.L.R.5th 517.

Nudity as constituting nuisance, 92 A.L.R.5th 593.

Hog breeding, confining, or processing facility as constituting nuisance, 93 A.L.R.5th 621.

Remedies for sewage treatment plant alleged or deemed to be nuisance, 101 A.L.R.5th 287.

Municipal liability for damage resulting from obstruction or clogging of drain or sewer, 54 A.L.R.6th 201.