When A Neighbor Is A Nuisance, You Can Seek A Civil Process
Posted on: 25 May 2023
While a neighbor might not share the same living space as you, they can significantly impact just how enjoyable your home is. In a perfect world, all neighbors are respectful and mindful, but this scenario is not always the case. For some people, interactions with their neighbors are nothing shy of a nuisance. For people in this group, filing a civil suit against the neighbor might be necessary. Learn more about this process.
Annoyance vs. Legal Nuisance
Your home is your safe zone and space of peace, so anything considered disruptive in or around your home is never welcomed. However, it is important to take a moment and assess your neighbor's actions to determine if they are, in fact, a nuisance and not just an annoyance.
For example, if your neighbor is loud, their loudness would need to exceed the local ordinance threshold or quiet hour requirements, not just your patience threshold. If you show up to file a claim for an issue that is deemed not to be a legal nuisance, you will likely be unsuccessful. Speak with an attorney if you are unsure if you have a claim.
Documented History
You should document your history with the neighbor to increase your chance of a successful civil claim. When it comes to a civil case, you typically need a judge or jury to side with you based on the evidence you present. If you lack evidence, it may be hard to prove your concerns.
Any records you have that involve you contacting your neighbor asking them not to engage in their behavior, requests you made to the HOA to complain about their actions, or even any records of a police report are all forms of documentation you can use.
Various Settlement Options
Should you decide to move forward with a civil suit against your neighbor, understand that you have a couple of options. If your neighbor's actions resulted in a loss on your property, such as damage to the fence, for example, you can seek monetary damages.
However, you can also seek an injunction in lieu of a financial settlement, which would include a court order restricting the neighbor from engaging in the unwelcomed behavior. An attorney can help you determine which route is best for your situation.
If you have a neighbor that is a nuisance, speak with an attorney or law firm such as Law Offices of Eric K. Krasle to learn more about your civil suit options.
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