Nuisance Law
Santa Rosa attorney Brian Barta offers creative solutions to nuisance problems
Bankruptcy Attorney Brian Barta > Nuisance Law
Your Home Is Your Castle...
And your sanctuary of peace, safety and security from the world outside. For many of us it’s the one place on the planet we can call our own. Your home may also be your single largest investment and the most valuable asset you possess. That’s why nuisance laws were created to ensure a landowner’s or tenant’s right to quiet enjoyment of their land. A private nuisance lawsuit can be brought when there is a bothersome activity occurring on another person’s land that interferes with your use or enjoyment of your land. The nuisance does not have to involve an actual physical trespass; the nuisance destroying your enjoyment of your property may be caused by noise from illegal vacation rentals, traffic from unpermitted or illegal activities, animals or machinery, lights, chemical or organic odors, illegal farming operations or anything else that would unreasonably interfere with the use of your property.
Private Nuisances That Can Be Stopped By Law
Common types of private nuisances include, but are not limited to:
- Excessive noise and traffic from vacation rentals
- Illegal grow operations
- Unpleasant odors from animals or chemicals
- Intrusive light
- Barking and other animal noise
- Non-permitted AirBnB or VRBO rentals
Your Legal Rights
If a neighbor’s use of his property rises to the level of a private nuisance there are several types of remedies available to you. A court can issue an injunction requiring the property owner to cease or modify the use that’s creating the nuisance. You may also recover money damages for loss of enjoyment of your land or diminution of value, even if there was no physical trespass or actual physical damage to your property.
Crafting Solutions That Work For Clients
I help clients find creative solutions to nuisance problems that work for them. Maintaining positive relationships with neighbors can be a big part of the peace you enjoy in your home. Sometimes explaining the law and offering guidance on how to approach a neighbor to talk about the problem can lead to a resolution. Other times it’s clear that an informal approach won’t get rid of the nuisance. In those cases the law provides powerful tools to the homeowner trying to stop a private nuisance.
