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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 86332
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I nearby construction site (approximately 180 ft from my home)

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I nearby construction site (approximately 180 ft from my home) is using explosives/blasting on a regular basis to excavate for utility lines and storm water management. I have begun to have crack and nail pops in my drywall, extremely new cracks in my foundation walls, and extremely new cracks on patio and porch at the same time the blasting started. Do I have any recourse with the blasting company?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. The answer is possibly yes, but one in your situation may have to pursue legal recourse to get this matter taken care of.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, one may have a case for nuisance. Nuisance exists "where a trade or business as carried on interferes with the reasonable and comfortable enjoyment by another of his property, a wrong is done to a neighboring owner for which an action lies...." Meadowbrook Swimming Club v. Albert, 173 Md. 641 - 1938, also see WSSC v. CAE-Link Corp., 622 A. 2d 745 - Md: Court of Appeals 1993.

As such, a suit like this (or threat of one) may result in them stopping or at least working with you on a compromise. Often, an attorney's cease or desist letter will help without even having to litigate. Let me know if you need a referral.

If one does have to pursue them in Court, a court can order an injunction, damages, and legal fees.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 86332
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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