There was a time in the US when people used to have the privilege of having abundant land with distant neighbors. It was the ideal time when people used to enjoy their time with near and dear ones without any annoyance from the neighbors.
Population grew rapidly afterwards and people started having problems with their neighbors who are no longer far and distant. Problems with neighbors have become very common sight in the US nowadays.
“The Law of Nuisance” which applied to the property disputes in the US was inherited from England. This doctrine helps you when your neighbor starts behaving in a manner which can be considered as a “nuisance”.
It’s very important for every property owner to know their rights and understand the law of nuisance.
The Law of Nuisance
It involves people suing their neighbors or when public officials sue property owners in the interest of general public. The purpose of such lawsuits is to influence the control and utilization of land. These lawsuits are of two types:
In such a scenario, a public official sues property owner as the property is having a negative impact on the comfort, health, safety, and overall welfare of the masses. One example is when a property owner is keeping animals that emit foul smell. It can have an adverse impact on the masses as well as the local business. Another example can be when a property owner is operating some illicit business from their premises. One of the most common examples is when a property owner disturbs the local business and masses with loud and intolerable noise. The prime purpose of this lawsuit is public’s benefit.
In this lawsuit, a property owner files a suit against another property owner. The one who files the suit tries to prove that his/her property is no longer enjoyable because of the improper behaviour of the defendant. Some common examples are disturbing the neighbor with loud music, growing plants, which encroach the neighbor’s property, and keeping dangerous and untrained animals as pets, which can harm the neighbor.
It is essential to know your property rights that will help you if you face any property dispute with your neighbor.
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