We don’t all get along with our neighbors. Nuisance goes far beyond annoying habits and barking dogs. The other party is doing things or allowing things to happen, that’s taking away your ability to enjoy your property. Whether you feel you’re the victim in this situation or you’re accused of creating a nuisance, Anthony Burton can help.
He represents property owners in private nuisance actions (public nuisance is a criminal charge when the nuisance impacts a community). No matter which side you’re on, we may be able to represent you in negotiations and litigation. Call us at (949) 244-4207 or fill out our online contact form today to start the conversation.
What is a Private Nuisance?
Under California statute, a private nuisance is anything that:
- Damages your health, which can include the illegal sale of drugs
- Is indecent or offensive, or
- Interferes with the free use of your property or the comfortable enjoyment of it or your life
Suffering some harm because of another isn’t grounds for a nuisance lawsuit. A successful case is based on acts or omissions that create damage or risk to you, which is greater than what you should have to bear given the circumstances, at least without compensation.
How Would I Prove There’s a Nuisance?
If you’re filing the lawsuit, the burden’s on you, the plaintiff, to prove you suffered harm because the defendant (the party sued) created a nuisance. To establish this claim, you must show that:
- You own, lease, occupy, or control the property being affected
- The defendant (the party sued), by acting or failing to act, created a condition or allowed one to exist
- It was harmful to your health, or
- Indecent or offensive to the senses, or
- So obstructed the free use of your property that it interfered with your comfortable enjoyment it or your life, or
- Was a fire hazard or created a potentially dangerous condition to your property
Your harm needs to be substantial, actual damage. It’s an invasion of your interests that’s definitely offensive, seriously annoying, or intolerable. That’s not judged by your personal views, but from the perspective of a person of normal sensibilities from your community.
You need not suffer a physical injury but could fear of an injury caused by a dangerous condition interfering with the comfortable enjoyment of your property. Your property doesn’t need to be physically invaded or there be an imposition on your land. It can be nonphysical if it interferes with your use and enjoyment of your property.
You would also need to prove the defendant’s actions, or failure to act was:
- Intentional and unreasonable, or
- Unintentional, but negligent or reckless, or
- An abnormally dangerous activity
There’s no liability if the defendant acted intentionally but reasonably or the situation happened accidentally. You need to show the defendant intentionally acted or failed to act, not that the defendant intended to harm you.
Part of the case would also show:
- An ordinary person would be reasonably annoyed or disturbed by the defendant’s conduct
- You didn’t consent to the conduct
- You were harmed as a result
- Defendant’s conduct was a substantial factor in causing that harm, and
- The harm outweighs any public benefit from the defendant’s conduct
Examples of situations, which if serious enough, could be a nuisance are:
- Smoke from an asphalt mixing plant
- Noise and odors from a refreshment stand
- Machinery noise and vibration
- A fire hazard
The legal system won’t deal with petty neighbor disputes. Although the defendant’s actions need not directly, physically impact your property, their actions or lack of action must take away your ability to use or enjoy it.
Rely on Anthony Burton if You’re the Victim of a Nuisance or Accused of Causing One
We can handle a variety of real estate matters for you, including a private nuisance action. Anthony Burton can be a zealous advocate for you and your interests. Call us at (949) 244-4207 or send an email to info@awblawpc.com to schedule an appointment for a consultation.
