If someone infringes on your ability to enjoy your home, you can take them to court as a nuisance. Private nuisance claims can be complicated. Knowing whether you have a case is essential.
Much has changed in the last year. Still, knowing whether a nuisance qualifies as an impediment to a person’s rights or business is critical. To find out more about private nuisance claims, learn more below.
A physical condition or activity that is indecent or offensive to the extent that it impedes someone’s ability to enjoy their life or property or get reasonable use of it can legally constitutes a nuisance.
Before you head off to court, there are a few more points to consider. Determining if you have a private nuisance claim means an assessment of the circumstances and facts.
The court will review and consider a few critical points of any claim in a nuisance to determine more about the lawsuit. For example, a court will consider:
- The prior use of the property, land, or home (specifically, how people have used it in the past)
- Whether the nuisance is occasional or permanent
- If the activity bothers one or more people
- The extent of the damage
- Where it is happening and how many people live in the area
- Whether you moved to the nuisance or the nuisance moved to you
Nuisance laws can vary, but generally are meant to protect people or businesses from others’ behavior that devalues or damages their property or life.
A court weighs the seriousness of the claim against the social benefit of the interference. They use the data they collect to determine if the activity is unreasonable. An excellent first step recommended by experts is contacting those creating the nuisance directly and discussing the problem. If this resolves the situation, then that’s terrific news and means the case is closed.
States often differ on their definition of a private nuisance. Still, there are some commonalities. For example, to win in a private nuisance claim, the plaintiff must have evidence to prove the actual nuisance:
- Ownership of the land or that they have the right of possession
- The behavior of the defendant interferes with the plaintiff’s enjoyment and ability to use their property
- The interference by the defendant was extensive and unreasonable
Understanding the elements of a private nuisance claim in California is essential to determine if a claim is valid. For example, the first element in a lawsuit is that only the party owning an interest in the affected property can file a claim. When it comes to the second element, understanding the defendant’s intent is essential. Were their acts intentional, reckless, or negligent?
At Estavillo Law, we know that the elements of private nuisance claims can be challenging to understand. We’ve been helping business and individual clients for years with legal matters, having over a combined 50 years of experience on our team.
If you think you have a case, we can help clarify the elements. Learning more is the first step. Contact us today