I live outside a city (Austin, TX) in a residential area of 3 acre lots with homes. A neighbor has started using his property as a dump for rock, brush and trash. It is very ugly and there are constantly large trucks going in and out dumping stuff off in his backyard. The brush pike is probably 20 feet tall and a fire hazard. The rocks and trash are scattered everywhere. The noise and ugliness is pretty bad. Can I litigate for reducing my property value or disturbing the peaceful enjoyment of my property? I understand it might not be cheap, but the value of cleanup probably outweighs the cost.
State/Country relating to question: Texas
My parents, who used to live here asked the fire department to intervene, but they basically said they had no authority.
Hello,If there are no current zoning or housing codes that cover the area that the owner could be reported for creating a public nuisance or health hazard, then you could possibly have an action for private nuisance. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..The problem here may be in that if the owner is doing this during normal business hours, there may not be a violation unless the noise is loud enough to exceed even normal business hours allowable noise and there may not be any violation for affecting your scenic view..But if a judge took a liberal view of the definition of private nuisance, he might extend it to this because of the possibility of this creating an environment where rats or other vermin could breed..
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.
If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
12 years real estate, Realtor. Landlord 23+ years
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).