The nuisance and real estate laws that govern neighbors and pets differ widely based on local ordinances and state laws. The plaintiff, who can be a neighbor or the government, has to prove abnormal behavior or a land grab by the defendant. For example, a dog that is allowed to roam the neighborhood without a leash and causes disturbance or damage on someone else's property is cause enough for a nuisance complaint or lawsuit. Construction or fences that extend into a neighboring property without permission are also a violation of property rights.
Do you or does someone you know need legal information regarding neighbors and pets? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.Listed below are some of the laws and legal aspects of property disputes and nuisance complaints regarding neighbors and pets:
Most communities have clear laws governing pet nuisance and noise, light and odor pollution. Even if there are no local ordinances, complaints can be filed under general state laws for disturbing the peace. If so, it helps if it is a public nuisance action as opposed to a private nuisance, which is matter between two neighbors or property owners.
Anything that deprives a property owner of enjoyment of the property is cause enough for a physical invasion lawsuit. This can be trash dumping, water run-offs, construction debris or the actual construction itself. There is an exception for prescriptive easements, which allow a non-owner to use part of a property if said non-owner has been doing it for a statutory period without any objection from the owner.
Do you have additional questions regarding neighbors and pets? Our real estate attorneys are here to assist you throughout the process and answer any questions you may have. Contact a real estate lawyer near you today.
Did you know?
Physical invasion by neighbors and pets is not considered trespassing.
Trespassing and nuisance are closely related and often filed in a same complaint, but courts do not consider nuisance by pets or trash or debris from a neighbor to be trespassing.