Featured News 2012 Nuisance Suits: Obtaining Injunctive Relief

Nuisance Suits: Obtaining Injunctive Relief

We’ve all had neighbors that were difficult to get along with, but are you dealing with a neighbor that has a reckless disregard for those around him or her? Sometimes people can be selfish, and fail to notice that their actions put others ill-at-ease. Thankfully, in America you have the right to express your concerns and complain about a difficult neighbor. If things only continue to get worse, and your neighbor continuously puts you and others in difficult situations because of his or her choices, then you may want to consider a neighbor nuisance real estate lawsuit. Lawsuits involving nuisance are normally started by a neighbor who sues another neighbor for offenses. Some of these lawsuits also stem from a public official who sues a property owner for failing to observe the needs of others and the health and welfare of the community. In either suit, the plaintiff claims that the defendant’s actions are affecting his ability to enjoy his property.

Nuisance suits can call into two categories. The first is a private nuisance action. This means that the plaintiff is claiming there has been a loss of the use of physical enjoyment of a property, but the neighbor never actually invaded the property to do so. For example, if your neighbor has a bird that squawks excessively, but your home is the only one affected, this is a private nuisance. While no one trespassed onto your property, you have been losing your enjoyment of the property because of the noise next door. Another private lawsuit would be anything having to do with smell. If a next door neighbor fails to clean up after his dogs, and the odors waft into your yard, this could be considered a private nuisance. If your neighbor continues to leave a bright light on which shines into your bedroom, and won’t turn it off after you request, then this can also be a private concern.

As well, you can file for a public nuisance. These lawsuits normally come with a more serious problem, because the plaintiff is claiming that the defendant has the ability to impinge on the safety and welfare of others in the neighborhood. For example, if your neighbor has a garage band and continuously practices his heavy metal music until 3 a.m., this complaint could fall under a public nuisance suit. To prove that it was a public issue, you would want to talk to your other neighbors and be sure that they agree about the issue, and have also been affected by the loud music. You can also sue for health hazards, such as a pool that is never clean and is breeding mosquitos that could carry West Nile Virus, or a mold that has taken over the fence between properties. Anything that affects more than one home would be a public suit, and can be taken to court with concerns from various parties.

No matter what type of lawsuit you file, you are entitled to injunctive relief id you can prove that the interference is substantial and continuous. For example, if the garage band is a neighbor’s main concern, he or she will want to show that the rock band meets four times a week and practices until at least midnight without fail. A one-time occurrence, such as a rowdy party, is not enough to prove the need for injunctive relief. If the court does declare that injunctive relief is necessary, the defendant will need to take action to avoid offending his or her neighbors with these actions in the future. When the courts consider a nuisance lawsuit, they may want to visit the properties and take any zoning laws into consideration.

They will also want to evaluate whether the complaint is coming from a residential zone or an industrial one, and will want to talk with the defendants to gather their reasoning for their actions. In a neighbor nuisance suit, just fearing injury isn’t enough cause to receive injunctive relief. You will have to prove why the issue at hand infringes on your rights as a home owner. You can also sue if a contractor puts an unattractive building or a shop that brings on traffic and an unfavorable crowd into your neighborhood. You will want to contact a real estate attorney to help develop your case and present your concerns in court. If possible, work to make your case a public suit in order to be taken more seriously. Contact a real estate attorney today to seek relief from irritating neighbors!

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