Property Owner Not Liable To Neighbor For Private Nuisance Because of Terms of Lease to US Postal Service

Plaintiff alleged claim of nuisance against owner of abutting property owner for damages caused by alleged neglect and severe disrepair.   The Defendant property owner provided evidence of a ground lease to the United States Postal Service. Pursuant to the ground lease, the lessee (the USPS) assumed complete control of all improvements on the property and assumed sole responsibility for maintenance of the property and agreed to indemnify and hold harmless the property owner.   The Court of Appeals concluded that because the Defendant had no right to enter the property to perform maintenance or to demand maintenance, the Defendant lacked the control necessary for it to be liable under a private nuisance claim.   Cohen v. Postal Holdings, AC42912 (Conn. App. Ct,, 2020).