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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.
Optional Information: State/Country relating to question: Texas Already Tried: 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..
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Thanks.
Barrister
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Experience: 12 years real estate, Realtor. Landlord 23+ years