California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 3 — Nuisance, Title 3 — Private Nuisances, Section 3502

A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

Notes

Allows a person injured by a private nuisance to abate it by removing or, if necessary, destroying the thing that constitutes the nuisance. The person must avoid breaching the peace and avoid unnecessary injury while carrying out the abatement, making those conditions express limits on the injured person’s self-help remedy.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3502 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-3/title-3/section-3502

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