Real estate disputes: Facts re nuisance and tresspass laws

| Jan 10, 2019 | Real Estate Disputes |

Some Florida residents get along quite well with their neighbors. Others, however, are currently involved in real estate disputes, many of which include issues concerning nuisance and trespass laws. A person might say that his or her neighbor is a nuisance but that does not necessarily mean the situation fits the legal definition of the word. 

A private nuisance basically means that an individual has done or said something that deprived another person of the ability to enjoy his or her own property. It must be substantial and unreasonable. However, a private nuisance does not include a physical invasion of property. A public nuisance, on the other hand, threatens the health, welfare and safety of the general public and may or may not include a physical invasion of a particular property.

If an actual physical invasion of a person’s property has taken place, there may be grounds to file a trespass action. When ruling on nuisance or trespass cases, most judges will first consider the type of location, as well as whether the defendant or plaintiff is an individual property owner or acting on behalf of a business. Zoning laws and other issues may also influence the court’s decisions.

Real estate disputes involving nuisance and trespass laws can be quite complex. This is why most Florida homeowners and business owners turn to experienced real estate law attorneys for support before heading to court. Disputes involving neighbors can be emotionally draining, another reason why acting alongside strong legal representation in court is a good idea.

Archives