Legal Question in Construction Law in California
neighbor's rights during construction
A developer has purchased the house next to mine, with the intention of demolishing, rebuilding and ''flipping''it.
The demo has gone on for weeks often starting before 7:00 a.m. I spoke to the crew, and that situation has improved, but the dust, noise and vibration (from jack hammers) has to be seen to be believed. The china shakes in the cabinets.
You cannot open doors or windows and letting the kids play outside with all of the dirt in the air is out of the question. It is not an exageration to say our quality of life has been diminished. Is there any recourse or compensation short of a lawsuit? This has gone on for more than a month, and could go months longer.
Woodland Hills CA
1 Answer from Attorneys
Re: neighbor's rights during construction
You ask "Is there any recourse or compensation short of a lawsuit?" I imagine you already know the answer. Have you asked the developer to compensate you? Have you asked the developer to undertake steps to minimize the interference? If so, what has the response been?
Assuming that you are entitled to force the developer to undertake measures to minimize the interference with your life, you will need an injunction to do it. This is a court order which requires the developer to behave in a certain manner.
The "damages" issue is a little tougher, because how can one put a value on the interference with your life? This would generally require expert testimony and/or some evidentiary way of quantifying the "damage".
Have you tried calling Code Enforcement? Or perhaps someone at Building & Safety might want to help.
If you need help with an injunction, call or email.
Good luck.
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