Is your neighbor a nuisance?
Are you a nuisance? In Arizona, you can sue your neighbor if he
or she causes a nuisance and, if the judge or jury agrees with
your position, the Court can order the neighbor to stop
whatever actions constitute the nuisance and/or award
damages.
Unfortunately, despite decades
of debate and numerous court decisions addressing what does,
and does not, constitute a nuisance, it's still not entirely
clear what exactly a nuisance is. What is evident is that the
question of whether something is a nuisance or not turns on the
unique facts and circumstances of each case. Based on those
facts and circumstances, the judge or jury will decide whether
the complained-of activity unreasonably disturbs the free use,
possession, or enjoyment of the property.
Over the years Arizona lawyers
have successfully argued that excessively bright lights, loud
noises, and bad smells constitute a nuisance. Other examples
might include intrusive air pollution or otherwise normal
sounds at unusual hours.
One complaint Arizona real
estate lawyers frequently hear has to do with intrusive
vegetation. Perhaps surprisingly, most Courts have held that
encroaching branches and dropping leaves do not constitute a
nuisance unless the intrusion is causing substantial damage.
Instead, the Courts suggest that the remedy is to simply deal
with the intrusion yourself by trimming the branches or other
vegetation that find themselves across your property line. This
is permitted even if the offending neighbor does not approve or
if the corrective action kills the plants.
If you have a neighbor who is
being a nuisance you should consult with an experienced Arizona
real estate lawyer to see if legal action is needed or to
confirm that your intended course of action does not expose you
to liability yourself. Although a resolution frequently can be
worked out after a well-reasoned demand letter from an Arizona
real estate attorney, sometimes legal action will be
needed.
