As a possessor of land, you have the right to exclude others from your property. Whether you own, rent, or lease your property, your right to use includes the right to unfettered interference. There are two common claims you can bring against those that trespass or interfere with your use of a property. Think of trespass as a physical invasion or intrusion of your property. Nuisance, however, is an interference, or an impediment to the enjoyment of your property.
Trespass to land occurs when someone enters your property without permission or remains on your property, or places or projects any object on your property. You must prove actual entry and this does not require that the entry be intentional. Depending on the circumstances and the law, even inadvertent trespass can be actionable. It must the land of another and the claim must be brought by someone who has a legal interest in the property. The trespass must be without consent. Police officers, postal workers, and others have what is called implied consent to enter your property according to custom. Depending on the jurisdiction, you may or may not have to prove damages. Some jurisdictions only require annoyance or discomfort to support a claim for trespass. Common damages include loss of market value, the cost to restore the property, loss of use, or damage to property. You may be able to seek an injunction also. Note that once you know the trespasser is present, you may have certain obligations to warn the trespasser of unsafe conditions on the property. If someone has trespassed on your land, contact the Winter Park attorneys at Bryan W. Crews today for an evaluation of your claim.
A nuisance occurs when there is a substantial and unreasonable interference with another’s use and enjoyment of their property. Generally, this nuisance or interference can be intentional, negligent, or actionable as a strict liability claim. Nuisance law is different than trespass. This interference usually occurs when someone else’s behavior or use of their property affects the use of your property. For example, light pollution, noise pollution, noxious odors or smokes can all constitute unreasonable interferences with the use and enjoyment of your property. If you live next door to someone that is constantly burning trash, the smoke and odor could be said to be a nuisance. Those affected can file an injunction to enjoin the defendant’s activity. You may also have damages on which you can collect compensation. A public nuisance is an interference with a right common to the public and is usually brought by the government on behalf of the citizenry.
Each case is different, and results are not guaranteed. In addition to these issues, your homeowner’s association, or condominium board may have rules and procedures to deal with the nuisance. Or, they may fail to act. Regardless of your situation, the Winter Park personal injury attorneys at Bryan W. Crews will evaluate your claim for free, and zealously advocate on your behalf. You may seek an injunction to stop the trespass or nuisance, and possibly be entitled to reasonable compensation for any loss that you have suffered.