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Can i sue a property owner illegal pot grow? Has it

Customer Question
can i sue a property...
can i sue a property owner for an illegal pot grow? Has it been done?
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
5/27/2015
Real Estate Lawyer: Attyadvisor, Attorney replied 3 years ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,189
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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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.
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Customer reply replied 3 years 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 reply replied 3 years ago
The Sharif do not understand the local ordinance......
Customer reply replied 3 years ago
Please email me the answer. My son needs the computer for school work.
Real Estate Lawyer: Attyadvisor, Attorney replied 3 years 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?
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Customer reply replied 3 years ago
El Dorado County
Real Estate Lawyer: Attyadvisor, Attorney replied 3 years 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.
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Real Estate Lawyer: Attyadvisor, Attorney replied 3 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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