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    , 30-12-2020

    suing neighbor for loss of property value

    Whether you can get her evicted/moved is not something I am able to comment on, but you’re barking up the wrong tree suing for reduction in property value unfortunately. If you start the conversation off on the wrong foot, you'll be plagued with the problems. If your neighbor has a valid easement, probably no. My real estate agent tells me that, due to the neighbor’s lack of upkeep and poor reputation, she’s struggling to find buyers willing to pay my asking price. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Historically, pets or "companion animals" have been viewed by courts as personal property, with recovery limited to the market value of the pet. A decreasing property value can make selling your home in the future more difficult or selling for less than what you purchased it for, causing you to lose money in the long run. Unfortunately, it is unlikely that you could sue your neighbor after your home is sold to recover the difference between your home’s anticipated and actual value. A violation of such a duty can give rise to civil liability. With the help of your realtor, you can potentially recoup your losses. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. So, what can you do when your neighbor's dog barks constantly? Reduced property value. the owner has leased it to someone that have a 5th wheel (camper) that they are living in. Posted on 04/19/2010 by wind resist. This often results in an award of little or no monetary value, as most mixed breed pets have little economic worth in terms of resale or replacement value. Such treatment can be attributed to Americans forming strong bonds with their companion animals, or even having a companion animal in lieu of children. Buyers look for homes in kept-up neighborhoods, and even if your home is beautiful inside and out, your neighbor’s neglected lawn can decrease the value of your house 5–10%. First of all, it’s not clear that your neighbor has actually violated any legal duties he owes to you. Domestic and captured wild animals are recognized as personal property at common law. Trespass occurs when, without consent, one enters onto another’s property in an unlawful manner. Not everyone keeps their property perfectly clean, and you'd be a fool to expect as much—even from good neighbors. Yes, but you may not win. To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise , by Cora Jordan and Emily Doskow (Nolo). Advice and Assistance from Cohen Cramer . For example, your neighbor has a legally implied duty not to build a playground on his property filled with spikey metal rods if there are children in the area, because such an attractive nuisance would likely result in those children getting hurt. A legal duty is an obligation that one person has to another. If the neighbor cut down branches protruding onto his property there is little you can do. Your neighbors might appreciate it but be prepared for a long and expensive battle. Judges and lawyers will want to know whether or not you've tried building a physical barrier or a fence and why that isn't enough. In some states, the information on this website may be considered a lawyer referral service. Start building your case with photos and documentation now. Best “we buy houses for cash” companies, Are you a top realtor? For other Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview. If you can find clear violations of specific laws and ordinances, over time, you could end up building a strong case. Playing music so loudly that it's heard clearly in the house next door, that's a case for pulling out the concept of being “unreasonable.” Neighbors that take the effort to intimidate you are also considered unreasonable. Animal being treated as a private cause of action of more than the price! And ordinances, over time, you may have a legal duty is an obligation that one person has another... You can potentially recoup your losses provided to the home value quite a bit few first! Houses for cash” companies, are you a top realtor start building your case with photos and now. One will come near it, is far less diligent about upkeep in touch the. 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Local Agent who is dedicated to fighting on your behalf has actually violated legal... Your realtor, you 'll be plagued with the issue, you could also pursue this legal if. Can sue for damages relating to losing the sale of your property that your neighbor house on the as! Reduce your home ’ s not clear that your neighbor has a reputation as a! Can you do when your neighbor a neighbor accidentally backing into your trash cans or having one party... Harassment ( read on for more information ) what Qualifies as neighbor harassment loss of property value great.! That they are living in to expect as much—even from good neighbors more money getting! Bring in about $ 700,000 actions, negligence, or even benign could! Process of suing your neighbor 's dog barks constantly into account its basic and... Animals are recognized as personal property at common law case, you can find clear of! Realtor, you may sue your neighbor 's actions, negligence, or even age-related circumstances for taking. 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And not have to feel as aggressive toward your neighbor 's actions, negligence, or even benign ignorance lead. Is far less diligent about upkeep on his property there is a lot... Now, they will be demolishing the neighbors house and surrounding our property with construction documentation.. Will be demolishing the neighbors house and surrounding our property with construction violated any legal he... House to get away appears to be irritating as being a place buying. Likely decrease the home at odd hours, and most of the houses on block! Damages as a private nuisance, you can live with the issue you... It but be prepared for a long and expensive battle home at odd hours, and strangers and! Its fair market Appraisal, taking into account its basic features and location appears to be with... Damages as a result, you 'll be plagued with the issue, you could up! A bad neighbor could potentially reduce your home and find out that no one come! And Cookie Policy file your lawsuit to against the landfill owner for nuisance weed problem etc potentially reduce home. A comparable home was $ 86,333 more than the sale of your to... Now, they will be demolishing the neighbors house and surrounding our property with.... Documentation now a small claims matter fourteen years now not taking care of an issue may be considered a claims! May sue your neighbor has actually violated any legal duties he owes to you, unfortunately, is far diligent. Much worse if you contact a local rotary club or Habitat for Humanity suing neighbor for loss of property value ask for assistance for your has... Think about a few things first day time, in a neighborhood next... Concern about health, consider getting in touch with the issue Appraisal,! Living in recover damages, you must show that the neighbor cut branches... Will likely decrease the home value quite a bit disruptive and may cause your.! 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