San Diego California Law of Nuisances Attorney

Property Rights: The Law of Nuisance

Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors (or a public official suing a property owner for the benefit of the general public). The plaintiff, who files the lawsuit, usually seeks to control or limit the use of the land owned by the defendant (the neighbor or person being sued). In bringing the lawsuit, the plaintiff is saying: "You are interfering with the peace and enjoyment of my property; therefore, you must stop acting in that manner."

If you want to file a property lawsuit, contact the real estate law attorneys at Samuel Spital and Associates, in San Diego, California.

Types of Nuisance Lawsuits

There are two basic types of nuisance suits: These are private and public nuisance actions.

A "private" nuisance means there has been a loss of the use and/or enjoyment of property without an actual physical invasion of that property (trespass). An example of a private nuisance would be where an individual failed to keep his dog kennel clean, causing the next-door-neighbors to experience unpleasant odors when they left their windows open and also prevented them from spending time in their backyard. Another example would be a neighbor allows his/her trees to grow over and beyond the property line, causing branches and leaves to fall and accumulate on the adjoining neighbor's property.

A "public" nuisance is one that affects the health, safety, welfare or comfort of the public in general. Examples of a public nuisance would be a factory that emitted bad odors or a racetrack that produced loud noise.

Nuisances can often be both public and private. For instance, the lights from a baseball field may shine directly into the home of a neighboring property owner, causing a private nuisance. At the same time, the baseball field might cause excessive noise and brighten up the rest of the neighborhood, requiring the homeowners to keep their windows and drapes shut on summer evenings. This would constitute a public nuisance.

Seeking Relief

No matter what the type of nuisance, the homeowner desires the court to issue some type of injunctive relief to stop the offending activity. However, the interference with the property must be substantial and continuous. An occasional failure to clean out the kennels in a timely manner probably will not be sufficient to require injunctive relief. Relief that is injunctive in nature generally requires the neighbor to take some specific action to minimize the negative effect of its activity and/or operations on the other person, from limiting the hours of the action to placing an all out prohibition on the negative action.

In crafting its relief, however, most courts will attempt to balance the relative hardships to both of the parties involved in the action. Especially where the defendant is an ongoing business, as opposed to an individual, the court will try to minimize the economic impact on the business.

Factors That Influence Courts

Courts will look at the location in which the alleged nuisance is occurring and any applicable "zoning" restrictions that may apply to that area. For example, a court may be less likely to place restrictions on a livestock farm located in a rural area than on one located at the edge of an urban community. On the other hand, if the farm is located in a "residential" zone, a court may be more likely to allow injunctive or other relief.

At the same time, the fact that an activity is located in area that is zoned for that type of operation does not mean that it cannot be found to constitute a nuisance. For example, an area may be zoned to allow a mixture of residential and commercial building, and, a court might still find that an "all night" gas station creates a nuisance for the residential property owners in the area.

Nuisance Lawsuit Limitations

Not all property annoyances make suitable lawsuits.

Fear of future injury will not merit injunctive relief
Usually pure aesthetic considerations, such as the "look" of a funeral home in a residential area, will not rise to the level of a nuisance.
When a person specifically purchases property knowing that a given activity and/or operation is located nearby, the "moving to the nuisance" doctrine will usually prohibit injunctive relief. In this manner, if a person moves into a house located next to a baseball field, this doctrine may prohibit the person from seeking relief from the bright lights and noise

Contact Us

It is not gratifying to be on either side of a nuisance suit. Disputes between neighboring property owners can turn into unpleasant, financially costly and emotionally draining lawsuits. But when you do need to file a suit, it is important to hire an experienced and knowledgeable property dispute lawyer.

As your San Diego real estate attorneys, Samuel Spital and Associates is experienced in property disputes and can help ease the strain of such cases and either help you negotiate a workable solution with your neighbors, persuade the other side to go to mediation or make sure that your rights are adequately protected in a lawsuit that might arise.

Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.