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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6325
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Can i sue a property owner illegal pot grow? Has it

Customer Question

can i sue a property owner for an illegal pot grow? Has it been done?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
Is the marijuana encroaching on your property? Are you being harmed by the neighbor growing marijuana?
There are criminal and civil actions. Criminal is handled by the State through local law enforcement. Civil matters are matters where you can sue for monetary damages or injunctive relief if you are being injured by this activity.
Customer: replied 1 year ago.
The growers are three young men in their early 20's. They are are camping on the property sometimes, bringing dogs and making noise late at night. This has happened there 5 out of the last six years. understand their own ordinance, They did not do it last year. Law enforcement do not understand their own ordinance. It is an undeveloped property. The owner of the property is leasing it to them. The owner claims no responsibility or knowledge of the grow. The pattern is that i will have to listen to dogs , loud music, kids camping with open fires . I want to seel my house and leave but the local realitor tells me that it will be difficult with this activity behind my house. I want to go after the owner monetarily. Is it possible? There is more to the story, they make our lives a living hell.
Customer: replied 1 year ago.
The Sharif do not understand the local ordinance......
Customer: replied 1 year ago.
Please email me the answer. My son needs the computer for school work.
Expert:  Attyadvisor replied 1 year ago.
What you described is referred to in law as a nuisance.
A private nuisance occurs when the activity of another interferes with use and enjoyment of your property.
A nuisance is a tort (civil court matter) and these cases are filed all of the time. https://www.justia.com/trials-litigation/docs/caci/2000/2021.html
“In legal theory, what's called a private nuisance occurs whenever someone prevents or disturbs your use or enjoyment of your property. For example, if your neighbor lets his dog bark all night, preventing you from sleeping, that's a private nuisance. If the barking persists and causes you real discomfort after you ask that the dog be kept quiet, you can sue.
To successfully sue someone for causing a private nuisance, you must prove that:
• you own, rent, or lease property
• the defendant created or maintained a condition that was
o harmful to your health
o indecent or offensive, or
o obstructed your free use of your property
• you did not consent to the person's conduct
• the person's conduct interfered with your use or enjoyment of your property
• the conduct would be reasonably annoying or disturbing to an ordinary person
• you were, in fact, harmed (for example, your sleep was disturbed) by the person's conduct, and
• the seriousness of the harm outweighs the public benefit of the conduct.”
http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-9.html
Monetary damages can be awarded. This is handled on a case by case basis http://nuisances.uslegal.com/civil-liability/elements-in-establishing-liability/
As far as law enforcement is concerned if they are ignoring the law the California Attorney General is the top law enforcement official in the State. You can contact the attorney general at https://oag.ca.gov/
You have a case. If you can tell me the county you are located in I can provide a link for attorneys in your area that provide free consultations?
Customer: replied 1 year ago.
El Dorado County
Expert:  Attyadvisor replied 1 year ago.
This is a link for attorneys that provide free consultations
http://lawyers.findlaw.com/lawyer/firm/real-estate-law/el-dorado-county/california
This is a link for the California Bar Association Lawyer Referral Service.
http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.
Thank you for using JA! We appreciate your business.
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to see if the information I provided was helpful?
Please let me know. Thank you.

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