According to Legalmatch.com, a property nuisance is as follows:
A property nuisance is an unreasonable, unusual, or unnatural use of a person’s land, which substantially hurts a second landowner’s right to peaceful enjoyment of their land. In certain circumstances, a landowner’s emission of noises, lights, or odors can open them up to liability to their neighbors.
Just as you can’t choose your family, you generally are unable to choose your neighbors, as well. You may decide to move away from annoying neighbors, but you are truly at high risk when you live in a neighborhood where anyone can choose to move in right beside you. Often, people have neighbors that become lifelong friends, but there are also those that can become enemies.
Common Property Nuisances
All property nuisances don’t necessarily come from a next door neighbor; they can come from anything that is close to your home. Some of the common nuisances are as follows:
- Noise from a racetrack
- Noise and odors from a landfill
- Light from a baseball field
- Odor from a septic tank
- Noise and lights from an after-hours club
- Light from a cell phone tower.
- Odor and noise from a dog kennel.
What You Must Prove
In order to win a case for property nuisance, there are a few factors that must be proven. These factors include:
- Your neighbor is causing an annoying light, noise or odor to come from their property.
- The use and enjoyment of your property is affected by your neighbor’s actions.
- You have suffered material and substantial harm as a result of their actions.
A neighbor, however, can have defenses that protect them from being sued. Some of these include:
- They were not negligent.
- The suing neighbor was negligent or brought this on themselves.
- The activity was legal and lawful
If you or someone you know has been affected by nuisances from a neighbor, you may need to contact a real estate agent or personal injury attorney. To learn information regarding neighboring fence issues read this article.