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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10206
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I own 5 acres in lane county oregon, my neighbors moved to

Customer Question

I own 5 acres in lane county oregon, my neighbors moved to Alaska for work and rented the property out. My house sits at the back of my property, next to a small pasture the neighbors own. Now I have 4 to 5 cars at any given time spinning in the mud, reving engines it literally makes my house shake. My double wide manufacturer sits 10 feet from property line they are about 20 feet from my home, they will start at 9am for 5 hours at times. I am 80 years old just retired, we had 5 deer in our yard several times a day, now the deer are gone, we are in a flood zone, they have created a track in this pasture and it is driving us crazy. My son lives with me he is disabled and this is affecting his mental state. My cat who is so cool, crouched to the floor runs and hides under my bed, my dog won't stop whining, it doesn't help to talk to neighbors. Owners are in alaska. I believe on tenant is their daughter they have two homes as rentals. I also rent out my second home and they have complained to me about the renters next door. I now notice all ground cover is gone with all this rain and in flood zone wafter is coming onto my land. Any help please?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

I am sorry to learn of this situation.

Your remedy is to sue your neighbor (I would recommend suing both the landowner and the tenants) for nuisance (the noise disturbance, etc.) and for trespass (the water that is now draining onto your land due to the disruption in the ground cover).

You can receive both a "declaratory relief" judgment (a court order requiring them to refrain from further such behavior and to repair the property in such a way as to prevent further drainage), as well as monetary damages.