Legal Question in Real Estate Law in California

Blow Sand Destruction of my property

My husband and I purchased 2 1/2 acres of desert property several years ago (we have a modular home on this property, it is our residence). The people we purchased our property from rented 2 1/2 acre parcels to the North and to the West of us. Each of these rental properties have since ''cleared'' their land and each have several horses and/or mules. Our problem is in the past year living here in the Mojave desert the wind in very strong (frequently 100 mph), blow sand and animal feces have made sand dunes all over our property. One of our buildings the sand is higher than flooring of the building now. We would like to know where we stand legally.


Asked on 1/01/01, 9:13 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Blow Sand Destruction of my property

I suggest three possibilities:

(1) Negotiate with the responsible parties, explaining the consequences of their actions and asking for cooperation;

(2) Talk to the county authorities such as the county sanitarian and possibly the zoning or environmental people to see if there are any violations of ordinances or policy involved.

(3) Consult a local attorney with real-estate experience about a possible lawsuit for 'private nuisance.' Within a half-hour free consultation you should be able to get an impression from her/him whether such a suit would be a winner, what it would cost, and whether the relief you might obtain from the court would actually heal the landscape enough to cure the problem. You could win the suit but lose the war.

It is important to find an attorney who is familiar with your part of the desert. He/she would be in the best position to evaluate your chances of success. It depends upon how unusual and outrageous the neighbors' actions were, and the extent to which these actions (rather than just Mother Nature) caused your problems.

Note that 'clearing' land can mean a number of things. I doubt that vegetation alone prevented much wind erosion down there. Probably, they loosened the upper crust of the desert soil with some kind of grading operation. Sometimes a permit is required for grading. If grading is involved, find out if they obtained the permits.

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Answered on 1/04/01, 8:39 pm


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