san diego lawyers

Archive for October, 2009

My Neighbor, My Problem: Handling a Next-Door Nuisance

Wednesday, October 7th, 2009

As a homeowner, you have many property rights, including the right to enjoy your home.  Not everything your neighbor does that you don’t like can legally be considered a nuisance, but when your neighbor’s activities or the conditions on their property significantly and unreasonably interfere with your own right to use and enjoy your land, there’s a “private nuisance.”  A nuisance occurs even though your neighbor hasn’t stepped foot on your property.  If there has been a physical entry by someone or something onto your land, then there may be a trespass.  When actions interfere with the health, safety or property rights of the community, then there may be a “public nuisance.”  Common examples of nuisances caused by neighbors or nearby businesses can range from excessive noise, offensive odors, air and water pollution, or excessive lighting that seems to replicate that daytime feel in the middle of the night. (more…)


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