Legal Question in Real Estate Law in California

what can you do about a neighbor who is a nuisance?


Asked on 4/19/13, 5:08 pm

3 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

You can sue for nuisance.

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Answered on 4/19/13, 7:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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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Answered on 4/20/13, 10:57 am


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