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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Tuesday, December 13, 2016

Georgia Supreme Court Reaffirms the Rule that a Nuisance Can Cause Damage to Both Person and Property

In a case involving a nuisance, the measure of damages includes recovery for both injury to persons and property. Persons with standing to make the claims include residents and non-resident property owners. Residents have a claim for annoyance and discomfort associated with enduring a nuisance, while property owners also have a claim for a diminished property value. The diminution in property value can take the form of a decrease in market value and lost rental value during the time the nuisance existed. Several of these principles were addressed and reaffirmed recently by the Georgia Supreme Court in an opinion in Toyo Tire N. Am. Mfg. v. Davis, 299 Ga. 155 (2016).