Florida real estate disputes regarding neighbor nuisances

| Aug 8, 2019 | Real Estate Disputes |

Living in a populated area definitely has its perks but can also have a significant downside as well. When a Florida resident gets along well with the neighbors, he or she likely enjoys living in close proximity to them. However, if real estate disputes arise because of nuisance issues with neighbors, things can get messy.

Judges today still refer to laws, property codes or court cases from long ago. For instance, a nuisance law — derived from English common law — was one of the first property law doctrines in the United States and still applies in many neighbor nuisance cases today. If a property owner believes his or her ability to enjoy the property is being impeded by the actions of a neighbor, he or she may file a lawsuit wherein the common law of nuisance might be relevant.

There are typically two types of neighbor nuisance lawsuits. An example of the first would be one neighbor suing another. The second type of nuisance claim might involve a public official suing a private citizen for the benefit of the general public. To order injunctive relief, the court must be convinced that property interference has occurred and has been substantial and continuous.

A Florida judge would likely consider multiple factors before ruling on real estate disputes involving neighbor nuisance issues. One such factor might be zoning restrictions or building codes that might apply to a particular case. This is why it is helpful, whether one is a plaintiff or named as a defendant, to rely on an experienced real estate law attorney who is well-versed in such issues.

Archives