Legal Question in Real Estate Law in California
what can you do about a neighbor who is a nuisance?
3 Answers from Attorneys
You can sue for nuisance.
Unfortunately, it's not that simple. It is, of course, possible to file a lawsuit based on a claim that something is a "private nuisance," but the term "nuisance" doesn't generally refer to an individual or his personal conduct. The definition of a "nuisance" starts with "AnyTHING which is injurious to health........or is indecent or offensive to the senses, or an obstruction to the free use of property......" etc. So, a nuisance suit addresses situations, not conduct. It could be that this neighbor is doing something that constitutes a nuisance under the law, but annoying conduct, per se, isn't a basis for a nuisance suit. See Civil Code sections 3479 and 3481.
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