definition
Interpretation of the word &quot;nearby&quot; in a law
<p>In regard to nuisances, a section of law mentions:</p>

<blockquote>
  <p>... because the tenant is causing, or has caused, a serious nuisance to persons occupying premises nearby.</p>
</blockquote>

<p>Does this exclude a person occupying the same premises as the tenant?</p>

<p>I'm looking for a clear definition of <strong>nearby</strong>.</p>

<p>I'm not whether "a person occupying the same premises" is <em>causing</em> or <em>suffering</em> the nuisance so I will address both.</p>

<p>A tenant is the controller of the premises. As such, whatever they or any of their guests do is legally the tenant's responsibility. If a house-guest or child of the tenant is playing the trombone at 3am and causing a nuisance then it is as though the tenant were doing it themselves.</p>

<p>Similarly, the household of the tenant cannot, at law, cause nuisance to itself. If guests of the tenant are being annoyed by the tenant or vice-versa then they may have a legal case: just not under real-estate law.</p>

<p>In this phrase "nearby" means property outside the tenant's control but close enough to be affected by the particular nuisance. For example, a property with no line-of-sight to the tenant's property cannot be nearby for a visual nuisance but can be for a sufficiently load audible one.</p>
