Nuisance Attorney Serving Atlanta, Georgia

Nuisance LawyersWhen you have a property interest, you have certain rights that go along with it. The foremost of these legal rights is the right to be able to enjoy your own property free of interference from others. When someone else is doing something that keeps you from enjoying your property, you can file a nuisance lawsuit.

Private Nuisance vs Public Nuisance

A private nuisance is something that impacts you individually as a property owner. A public nuisance would affect the broader community at large. For example, if an entire area of a city has an elevated cancer risk from a factory that spews pollutants, that would be considered a public nuisance. If your neighbor was doing something that affected you personally and directly, it would be a private nuisance.

Nuisance law attempts to balance your interests as a property owner with those of another property owner. The other owner largely has the right to do what they want on their own property until it begins to interfere with your property ownership. At the same time, you also have a right to maintain your own quality of life.

How to Win a Private Nuisance Lawsuit

In every private nuisance lawsuit, there are three elements you need to prove in order to win:

  • You have an ownership interest in the property
  • The defendant is doing something that interferes with your right to enjoy your property
  • The interference is substantial and unreasonable

A nuisance means more than someone just bothering you. In other words, there is a fine line between an annoying and inconsiderate neighbor and one who is breaking the law. As the list of elements above indicates, the interference must be substantial. If the problem is an occasional one and is not considered serious, you may have to learn to live with it. However, there is a point at which a bad neighbor crosses the line – and that is when you should contact an attorney about a nuisance claim.

Whenever you see lawyers use the term “unreasonable” in the context of nuisance cases, it means the court will consider what an ordinary person could not tolerate. For example, an occasional disturbance or just something ugly on your neighbor’s property may be frustrating for you as a property owner, but it does not necessarily mean it is unreasonable.

In addition to the interference being unreasonable, you must also prove the following additional elements in a private nuisance case:

  • The defendant acted negligently, intentionally, or recklessly
  • The defendant failed to act when they should have to prevent the nuisance

Common Examples of a Private Nuisance

Here are some examples of substantial interference that could constitute a private nuisance:

  • Continuous loud noises coming from your neighbor’s house
  • Foul odors
  • Pollution or harmful substances escaping into the air
  • Unsightly aesthetics
  • The threat of injury

Your neighbor’s dog could even be a private nuisance if the animal is barking loudly and causes a threat of injury to you and your family. If your neighbor’s property has overgrown weeds and unsightly trash, it could present a risk to you because it could draw bugs, snakes, and bacteria and cause unsightly aesthetics. Everything depends on the facts and circumstances of your particular situation.

The Relief You Can Get by Filing a Nuisance Lawsuit

If you retain an attorney to pursue a nuisance claim, your attorney will likely file a civil lawsuit on your behalf if an agreement cannot otherwise be reached. The court may do a number of things to help you if you win your private nuisance lawsuit. You may want the conduct to stop, which is why you filed suit. The judge can then issue an injunction that would forbid the defendant from engaging in the conduct anymore. You may also be entitled to monetary damages if you can prove you suffered them.

Before you file a lawsuit, you may want to try to work out the matter with the neighbor responsible for the issue. However, property disputes can be difficult to resolve, especially when each party thinks they are “right” – and with each property owner having the legal right to do what they want on their own property. When your neighbor will just not listen or change their behavior, the law gives you options.

Nuisance: Frequently Asked Questions

Can I sue a neighbor for being a nuisance?

In a dispute between neighboring property owners, someone can cross the line. You can sue your neighbor if they meet the legal definition of causing a nuisance. Your neighbor can be made to pay you financial damages, and the court may order them to stop their conduct.

What constitutes a nuisance by a neighbor?

A nuisance by a neighbor is when one interferes with your rights to enjoy your own property. Something that they are doing on their land is impacting you on your own property, whether it is a loud noise, an odor, or another type of substantial and unreasonable interference.

What is a private nuisance?

A private nuisance is one that specifically impacts a private landowner on their own land, as opposed to something that harms the general public (a public nuisance). It is usually something like a noise, odor, or sound that comes from someone else’s property and causes damage to your property.

How can I file a private nuisance complaint?

You can file a nuisance complaint by contacting a real estate lawyer who would represent you in court. They would file a lawsuit on your behalf to seek damages and/or a court order forcing the defendant to stop their illegal conduct.

Contact the Lawyers at the Law Offices of Mark Weinstein, PC to Handle Your Nuisance Claim

You do not have to sit idly by while your neighbor or someone else causes harm to your property. You can take legal action to both make the conduct stop and to get financial compensation for what that neighbor has done. The Law Offices of Mark Weinstein, PC helps property owners like you when someone is doing something to harm you or your property. We stand up for our clients’ property rights in court. Call us today at (770) 888-7707 or contact us online to discuss your legal matter.