Quiet enjoyment
Definition
A property owner or tenant's right to possess and use his or her property without disturbance, including by a person with superior title. A disturbance of an owner or tenant's possession or use may constitute a nuisance. A deed or lease may include a covenant of quiet enjoyment to insure an owner or tenant against a disturbance.
Illustrative caselaw
See, e.g. 61 W. 62 Owners Corp. v. CGM EMP LLC, 906 N.Y.S.2d 549 (N.Y. App. Div. 2010).
See also
Definition from Nolo’s Plain-English Law Dictionary
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a legal nuisance. Leases and rental agreements often contain a "covenant of quiet enjoyment," expressly obligating the landlord to ensure that tenants live undisturbed.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm
