What are Remedies for Invasions of My Property Rights?

John E. Lawes, Esq

This week’s article deals with invasions to real property rights. Real property in the simplest terms means land and structures on that land, as opposed to personal property like vehicles. An ownership interest in real property brings with it certain protections from interference with that interest.The two main areas of the law that concern these protections are nuisance and trespass. A nuisance is an interference with the use and enjoyment of the property, while a trespass is a physical intrusion into the property. A good example of this distinction would be noxious odors, much like those claimed in the recent Sriracha sauce plant case in California. In that case, the plaintiffs complained that the plant created noxious odors that interfered with the use and enjoyment of their property. Odors by definition cannot trespass onto a property because they have no physical presence. An example of a trespass would be a structure built on the property of another, such as a fence or shed built on the wrong side of a boundary line.These two concepts are not mutually exclusive. While a nuisance will not give a rise to a trespass, a phentermine trespass in a contamination case usually gives rise to a nuisance. For example, if a quarry is allowing particles to leave its land and accrue on the property of another, then that constitutes a trespass because the particles are a physical intrusion. A quarry can also be a nuisance because it limits the use and enjoyment of the property. In these types of cases, the damages are usually the difference in the value of property before and after the intrusion. In certain instances, a court may also file an injunction ordering the conduct to be stopped.If you feel that your property rights are being infringed, the best course of action is to get an attorney to look into the matter. A failure to do so may mean that your right to recovery could be limited. 

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