One of the many advantages and benefits of owning your property is the right to use that land as you wish. However, this does not mean that you have the ability to interfere with your neighbor’s same rights. Living near others is often a balancing act between doing what you want and respecting the privacy and right to privacy of others.
Sadly, many people take things too far. This can result in property damage that affects your land or nuisances that interfere with your ability to live a peaceful life. If conversations with others have failed to bring these matters to a close, it may be time to seek legal help. An Oakland property and neighbor dispute lawyer could explain your rights under the law, evaluate the actions of others, and demand a fair resolution that protects your property and dignity. Reach out to one of the dedicated real estate attorneys at Estavillo Law Group today for a case review.
The Rights of Property Owners and Tenants to Use the Land
A common saying is that a person’s home is their castle. This general concept has some backing under state law. One common example is the right to quiet enjoyment. According to California Civil Code § 1927, a person who rents an apartment or home from a landlord has the right to expect to be able to live peacefully on that property. This means that they should be free from interference from both the landlord and other tenants.
The same general concept applies to homeowners. CA Civ. Code § 3479 defines the concept of a nuisance as anything that harms the health of others or obstructs the free use of land. This could include excessive sound, foul odors, or blockages on driveways or other paths.
Either of these examples may serve as the basis for a lawsuit demanding an end to certain behavior. A seasoned Oakland property and neighbor dispute attorney is ready to examine the actions of others to determine if they infringe upon a property owner’s or tenant’s right to use their land.
Protecting the Rights of Landowners in the Event of Property Damage
While nuisances may impact a person’s ability to live in peace, more dramatic events may lead to property damage. A classic example is a neighbor who fails to properly maintain a tree. If a windstorm causes the tree to fall onto another’s home or vehicle, the owner of that tree is likely to blame for the damage. Property damage may also result from:
- Poorly maintained retaining walls
- An inability to maintain plants or other landscaping items
- Damage resulting from intentional acts of violence or intimidation
An experienced property and neighbor dispute lawyer in Oakland could help evaluate the rights of landowners. This includes demanding that neighbors or other parties responsible for property damage pay for the harm that they have caused.
Let an Oakland Property and Neighbor Dispute Attorney Protect Your Ability to Enjoy Your Life
Owning property or living in a rented space may mean dealing with difficult neighbors or landlords. The simple fact is that you have the right to quiet enjoyment of your living space as well as the right to expect reasonable protection of your property. People who violate these rights must immediately stop and compensate you for your losses.
Once retained, an Oakland property and neighbor dispute lawyer at Estavillo Law Group could help you protect those rights. Our knowledgeable team of attorneys could explain the laws that grant you protection, evaluate the actions of others, and demand reasonable resolutions during negotiations or court sessions. Call today to learn more.