You purchased what you thought would be your home, sweet home. But it turned out not to be so sweet. You can’t enjoy your property because of what your neighbor is doing. You may be in the opposite situation. You’re using your property reasonably, following the applicable ordinances, but your new and overly sensitive neighbor is threatening to sue. What are your options?
We live in a highly volatile world. The simplest disagreement can cause violence. Even a US Senator can be the victim of an attack by an angry neighbor. No matter which side you’re on, don’t escalate the dispute. Instead, try to cool down the situation and reach a compromise so the two of you can at least be partially satisfied.
If that doesn’t work, contact our office. We may be able to help both of you work something out. Failing that, we can get local or state governments involved. We may go to court to protect your legal rights and your ability to enjoy your home.
Interfering with your property rights to the point it violates the law
Nuisance is something annoying or obnoxious. In the legal world, it’s anything that threatens your health. It’s indecent, offensive to your senses, or obstructs the free use of your property to the point it interferes with the comfortable enjoyment of your life or property.
Under California law, a nuisance can be public or private. In neither case can something be a nuisance if it’s done or maintained under the explicit authority of a statute. A public nuisance impacts your entire community or many people at the same time, though they may not suffer to the same degree. A private nuisance is one that isn’t public. It may just affect you or others whose property borders the accused bad neighbor.
There are different sources of law that may apply. Common law is developed by the courts over many years. Ordinances and statutes are created by local and state legislatures. Regulations are rules created by local and state government agencies. One or many types of laws or restrictions may apply in your case.
Common law public nuisance involves some interference with the community’s interests. Courts recognized rights of the general public that should be protected. If the interference was so unreasonable it was a criminal offense and could also be a basis for a civil lawsuit.
California statute broadly defines nuisance and includes explicitly a property owner selling illegal drugs and obstructing the free use of the property to the point it interferes with your comfortable enjoyment. It includes excessive odor, fumes, smoke, noise, light, and insects.
A successful lawsuit could include an order for the behavior stop or the condition on the property be corrected. You may also receive money damages if you can show your property is worth less because it suffered a direct, substantial burden due to the nuisance.
How we can help you with a nuisance issue
Your home is a huge investment. You need to protect it. Sometimes that means resolving issues with a neighbor who may prevent you from enjoying your home and reducing its re-sale value. We can help you through negotiation, using a mediator to reach a resolution, or litigating the matter. Call Anthony Burton at (949) 244-4207 or fill out our contact form today. We can discuss how we can put our knowledge and experience to work for you or your business.
