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Nuisance Lien - It’s not uncommon for conflicts to arise between neighbors.
The term “nuisance” is subjective to some extent. What may be bothersome to you, for example, may be totally fine with others.
For this reason, nuisance claims are typically challenging to win.
If, however, certain activities cause significant disturbances or affect the health and safety of those around, these are valid grounds for filing a legal nuisance claim.
Private Nuisance vs. Public Nuisance
When a property owner disrupts the quiet enjoyment of neighboring homeowners, this is usually labeled as a private nuisance. Another common indicator of a private nuisance is that it generally affects just a small group of people.
On the other hand, public nuisances negatively impact the community at large.
Examples of Nuisances
Offenders can be penalized for many nuisances if these can be proven to cause significant interference.
Putrid Smells That Limit the Use of One’s Outdoor Spaces
Significant Pollution of Waterways by Corporations
Parking on Roadways That Obstruct Neighbors
Drug Dealings that Lower Property Values
Toxic Spills or Waste by Nearby Factories
Loud Parties in The Middle of the Night
In-Home Prostitution Rings
As depicted in the examples above, neighbor nuisance can be committed by both private citizens and major corporations.
If you’re a property owner who is currently dealing with an ongoing nuisance in your community, the good news is that you have common law rights. Legal nuisance claims can be filed to cease or reduce disruptive behaviors.
Proving Nuisance
The laws in Jacksonville Florida, stipulate that to succeed in delivering a nuisance lien abatement notice, the plaintiff (the person making the claim) must prove that the offender is causing significant interference.
Putting a Nuisance Claim to the Test
In addition to significant interference, the courts generally complete a balance test to determine if a nuisance lien would cause more harm than good.
For example, city officials may be apprehensive to follow through with a nuisance lien abatement notice when many people stand to benefit from keeping certain activities as-is.
For example, if a nearby plant were to shut down and put hundreds out of work, would this really be the best solution?
This is something to keep in mind when filing a claim.
Put an End to Your Misery with the help of a Lawyer
A real estate attorney can help put an end to your misery.
If successful, a nuisance lien can help you:
Get Compensation for Damages Sustained
Abate or Stop Nuisances Altogether
Reduce Offensive Behaviors
An aggressive property rights lawyer can ultimately help you restore the ability to live in a quiet enjoyment of the property you own.
Know Your Rights – and Abate Nuisances
If your frustration levels have reached a boiling point due to an inconsiderate company or neighbor, Contact Campione Law PA
We are champions for justice and will fight to restore peace in your life.
Christopher David Campione has always held a deep passion for helping others. His unmatched dedication to the pursuit of justice and aggressive defense of his clients sets him apart from his colleagues.