If your Neighbor or Homeowners’ Association has overstepped, infringed on your property rights, or is treating you unfairly, you have the right to fight back!
A private nuisance occurs when the plaintiff’s use and enjoyment of his or her property are obstructed or interfered with because of the actions of another. These cases generally involve a neighbor or nearby occupant doing something that interferes with the plaintiff’s use of their own property, but an HOA can also be liable for nuisance.Examples of a public nuisance may involve: a neighbor polluting the soil; selling drugs next door; or hoarding animals causing foul odors and health hazards.
In California, a private nuisance provides for a cause of action for the injured party. A plaintiff can file a lawsuit against the individual or group (including an HOA) responsible for the nuisance. A lawsuit can seek an injunction to prohibit the defendant from continuing the nuisance activity. The plaintiff can also seek damages for a loss of property value or damages caused by the nuisance.
Contact Thaler Law
Nuisance cases are complicated, and there are many challenges to the legal process. Contact an experienced attorney from Thaler Law who can help you understand your legal rights regarding your nuisance case, and what your next best steps should be. Contact us at 714-869-2900 or online today for your free consultation.