As a real property owner, you need to actively protect your real property and ensure that no one infringes on the rights established by your real property ownership. Two of the most common issues that property owners face is Encroachment and Nuisance.
The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor’s land or property intentionally or otherwise. This can quite often happen mistakenly because of unclear property boundaries, but it is important to address because it could significantly affect the value of your property.
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.
Contact Thaler Law
Encroachment and Nuisance cases are complicated and there are many challenges to the legal process. Contact an experienced real estate litigation attorney from Thaler Law who can help you understand your legal rights regarding your case and what your next best steps should be. Contact us at 714-869-2900 or online today for your free consultation.