What is typically the usual remedy for a nuisance claim?

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In a nuisance claim, the typical remedy sought is aimed at addressing the harm caused to the plaintiff by the defendant's actions that interfere with the use and enjoyment of their property. While damages can be awarded to compensate for the harm suffered, the most common and effective remedy is often an injunction. This injunction serves to prohibit the defendant from continuing the activity that constitutes the nuisance.

Injunctive relief is favored in nuisance cases because it addresses the problem at its source, preventing further harm rather than merely compensating for past harm after it has occurred. In some scenarios, plaintiffs may also seek damages for harm already suffered—this might include compensation for reduction in property value or loss of enjoyment. Nonetheless, the focus of nuisance claims is largely on the ongoing nature of the interference.

Thus, while damages reflect past harm, an injunction addresses future conduct, often making it the primary remedy in nuisance claims. This framework emphasizes stopping the nuisance behavior to restore the plaintiff's right to use and enjoy their property undisturbed.

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