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Nuisance / Trespass

The law of nuisance addresses competing concerns over the appropriate use of one’s property. Everyone has the right to engage in all lawful activity on their property. However, the lawful use of one’s property becomes unlawful when it interferes with another’s quiet use and enjoyment of their own property. Nuisance can come in many forms. For example, a nuisance can exist if a factory causes smoke, particulate, odors or other types of noxious fumes to come onto neighboring property (Sriracha sauce anyone?). A nuisance can also take the form of an illegal use of property such as an unlicensed gambling house within a residential neighborhood. The law of trespass involves a person or thing entering another’s property without permission. This can take the form of a neighbor’s trees growing across the property line, or ash particulate physically landing on a neighboring property. A note of caution, do not cut down the offending trees of a neighbor until you have spoken with an attorney or some other qualified person as the penalties can be harsh if trees are cut down unlawfully.

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