RIGHTS & OBLIGATION OF THE DOMINANT ESTATE

If the nuisance is a public nuisance, the remedies are:

A prosecution under the Penal Code or any local ordinance a civil action, or abatement, without
judicial proceedings.
If the nuisance is a private nuisance, the remedies are:
A civil action, or abatement, without judicial proceedings.

RIGHTS & OBLIGATION OF THE SERVIENT ESTATE

He may indemnify a private person or a public official extrajudicially abating a nuisance for
damages if there was unnecessary injury, or if the alleged nuisance is later declared by the
courts to be not a real nuisance. Moreover, if there is really a nuisance, he is obliged to reduce
or eliminate the thing that causes the nuisance.

MODE OF ACQUISITION (Prescription or Title)

The moment that the public or a private person is affected by the nuisance.

EXTINGUISHMENT

Easement against nuisance never prescribed.