Kõrvaldamisnõuetele

Kõrvaldamisnõuetele refer to legal claims or demands for the removal of a nuisance or the cessation of a harmful activity. These are typically filed when an individual or entity's actions or property negatively impact another's use and enjoyment of their own property or rights. The underlying principle is to prevent or remedy situations that cause unreasonable interference, such as excessive noise, pollution, or obstruction.

In Estonian law, the concept of kõrvaldamisnõuetele is rooted in property law and civil liability. The specific legal framework can be found in the Law of Obligations Act and other relevant statutes. These claims often seek injunctive relief, compelling the offending party to take specific actions to eliminate the nuisance. Damages may also be sought to compensate for losses incurred due to the nuisance.

The success of a kõrvaldamisnõue typically depends on demonstrating that the activity in question constitutes an unlawful interference. This often involves weighing the interests of both parties and determining whether the burden imposed by the nuisance is unreasonable given the circumstances. The burden of proof lies with the claimant, who must present evidence of the harmful activity and its impact. Legal proceedings can be initiated in civil courts to resolve disputes concerning these types of claims.