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Home » Law Dictionary » D » DISTURBANCE

DISTURBANCE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

1. Any act causing annoyance, disquiet agitation, or derangement to another, or interrupting his peace, or interfering with him in the pursuit of a lawful and appropriate occupation. Richardson v. State, 5 Tex. App. 472; State v. Stuth, 11 Wash. 423, 39 Pac. 665; George v. George, 47 N. H. 33; Varney v. French, 19 N. H. 233.
2. A wrong done to an incorporeal hereditament by hindering or disquieting the owner in the enjoyment of it Finch, 187; 3 BL Comm. 235. Disturbance of common. The doing any act by which the right of another to his common is incommoded or diminished; as where one who has no right of common puts his cattle into the land, or where one who has a right of common puts in cattle which are not commonable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs it. 3 Bl. Comm. 237241: 3 Steph. Comm. 511, 512. Disturbance of franchise. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are diminished. 3 Bl. Comm. 236 ; 3 Steph. Comm. 510;”2 Crabb, Real Prop. p. 1074, f 2472a. Disturbance of patronage. The hindrance or obstruction of a patron from presenting his clerk to a benefice. 3 Bl. Comm. 242; 3 Steph. Comm. 514. Disturbance of public worship. Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises. Lancaster v. State, 53 Ala. 398. 25 Am. Rep. 625; Brown v. State, 46 Ala. 183; McElroy v. State, 25 Tex. 507. Disturbance of tenure. In the law of tenure, disturbance is where a stranger, by menaces, force, persuasion, or otherwise, causes a tenant to leave his tenancy; this disturbance of tenure is an injury to the lord for which an action will lie.”3 Steph. Comm. 4. Disturbance of the peace. Interruption of the peace, quiet and good order of a neighborhood or community, particularly by unnecessary and distracting noises. City of St. Charles v. Meyer, 58 Mo. 89; Yokum v. State (Tex. Cr. Apo.) 21 S. W. 191. Disturbance of ways. This happens where a person who has a right of way over another’s” ground by grant or prescription is obstructed by inclo8ures or other obstacles, or by plowing across it. by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done. 3 Bl. Comm. 241.

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