You deserve to enjoy your property without any external interference. However, that is not always the case with most property owners as they have to deal with neighbors who constitute a nuisance, deterring them from enjoying their property use.
In that case, you have every right to make a case against the individual for being a joy killer. But before you proceed, it is important to understand what private nuisance is, its elements, and some common examples of private nuisance.
What is a private nuisance?
A private nuisance is when an individual unreasonably restricts the enjoyment of a property owner. This is pretty common among neighbors and involves anything that causes inconveniences, discomfort, or annoyance to a property owner.
It can manifest in diverse ways, such as noise, vibrations, foul odor, threat or injury, loud sounds, and unsightly aesthetics.
A typical example is when a neighbor plays loud music every night causing another individual to lose sleep. It causes the affected individual to underperform during work the next day. The affected property owner can file a nuisance case against the neighbor for the noise; even sue for damages.
Elements of a private nuisance case
For a successful lawsuit, there are three boxes you need to tick:
- You own the property
- The defender interfered with your enjoyment of your property
- The act was unreasonable
The first element is easy to prove as you can be either the property owner or a tenant, while the second element has to prove that you suffered damages. It could be monetary or personal comfort. The third element, on the other hand, has to prove that the act was an unreasonable and not a petty daily occurrence.
Know your options
In the case of a private nuisance, you’re open to lots of open that will help resolve the case. Consider the following options before you decide to file a lawsuit.’
- Know the law
You should consider consulting with your state or city laws on what constitutes a private nuisance or perhaps, get in touch with a personal injury attorney.
- Contact your neighbor
After writing a demand letter to your neighbor to stop constituting a nuisance, their response will determine the next cause of action. Even if your demand letter yielded no result, it proves to the court that you tried to resolve the situation without any success.
- Determine your damage
You also need to quantify your damage, and how much you’re going to sue based on the interference you’re facing.
To have a better outcome, it is important to have substantial evidence of your claims. It could be video evidence of the interference that’s causing you damages.
- Hire an attorney
With a qualified personal injury attorney, you will build a case that protects your interest at the end of the day. We’ve been doing this for decades, and we’d be more than happy to help you get compensated for any damages you may have suffered. Feel free to get in touch by calling or filling out our contact form.