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Relief not always possible in a neighbor dispute

When prospective homeowners are looking at Orange County properties, they might consider the views, the peacefulness of a neighborhood or the safety of surrounding streets. Unfortunately, land development and moving neighbors can result in the loss of these qualities, which can impact enjoyment of the property as well as reduce its value. A lawsuit may be capable of remedying a damage to property rights in some situations.

A homeowner dispute regarding loss of enjoyment of one's property without anyone taking, damaging or invading the property is referred to as a private nuisance. In one example, a buyer chooses a home next to a privately owned baseball field. The owner moves in and is kept up later than usual by bright lights and loud noises every weekend of the summer. A neighbor dispute against the owner is likely prohibited due to owner's prior knowledge before purchasing the home.

On the other side of the home, a neighbor begins working at all hours on an antique car in the adjacent backyard. His machinery is both loud and an eyesore. It may also pose a threat to children. A residential property dispute in this case is far more likely to succeed at ending the nuisance. A judge might end the neighbor dispute with an injunction ordering work on the car be moved to another location or be confined to certain hours of the day.

The grounds for a private nuisance lawsuit are not always simple and easily understood. Zoning issues can impact the ability of nuisance victim to receive relief from the courts. Permit issues and existing law can likewise play a role in the possibility of injunctive relief or compensation. An attorney with experience in this area of law may be able to help with a residential property dispute when homeowners are suffering the loss of enjoyment of their property.

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