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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own property next to some vacant property that was once a

Customer Question

I own property next to some vacant property that was once a brick plant and mine site that has not been reclaimed to safe environmental qualities. my home is 50 feet from the property line. the property has been taken over by moto cross racers that have made it their track. from noon to dark the noise, dust and weeds that they put into the air is intolerable I have called the police and my county commissioners and the tell me there is nothing I can do because the bikers don't own the property. I have written letters to the property owners asking them to please post the property but the refuse to respond. I am retird and live at home and I cant even open my windows on a hot day without filling my home with dust and noise pollution. can I get help?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 4 months ago.

You would have a right to sue the owner and the tenants (if these people are renting) for a private nuisance if their use of the property is causing you problems and preventing you from being able to exercise your right to quiet enjoyment of the property.

Expert:  Roger replied 4 months ago.

It's not likely that the judge would totally prohibit riding motorcycles on the property, but you could ask the judge to provide restrictions on the time the riders use the property for riding purposes, etc.

Customer: replied 4 months ago.
in other words I can do nothing
Expert:  Roger replied 4 months ago.

Yes, you can do something....but you're not likely going to get a court to totally prohibit the property use as long as it is not illegal or in violation of any codes or zoning regulations on the property........Instead, your best result would likely be to limit the use of the track to reasonable hours.

Expert:  Roger replied 4 months ago.

You may be able to approach your local councilman or board of supervisors/aldermen and ask that the property be re-zoned or something to restrict the use, but that's a political procedure -- not really a legal/judicial one.

Customer: replied 4 months ago.
have you ever been to a moto cross race, there are no reasonable hours
Expert:  Roger replied 4 months ago.

Yes, I have......

Regardless of the nature of the activity, you have a right to quiet enjoyment of your property, and if this activity prohibits that, the court is likely to take action. Also, if the restrictions placed on the property's use are not agreeable to the motocross participants, they may decide to pack up and go somewhere else.

Expert:  Roger replied 4 months ago.

Your only real hope is to file for a private nuisance and ask the judge to restrict their use to reasonable hours.....which could kill the use given the nature of the activity on the property.

Expert:  Roger replied 4 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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