What are my rights if my neighbor started a trucking yard next to my home?

I bought my home 3 years ago. It is in a 1.50 acre lots subdivision of manufactured homes and is nice and quiet. There are some truckers like myself who bring trucks home some times. However, now my neighbor has decided to make her place a truck yard, so there are semis leaving at all hours of the day and night, plus truck repair going on all weekend. We are not zoned for commercial. I wanted to know if I can sue for property value loss and

quailty of life loss? I bought out here to enjoy the cows and the fresh air. Who

would want to buy a home next to a truck yard. Also, she doesn’t drive she has 3 employee and 2 mechanics. Is there anything that I can do?

Asked on November 27, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) If they are violating zoning, file a complaint with the local building department (which may go by a different name--e.g. housing, constrution, zoning, etc.): they can issue summons or tickets and fine them, which may get your neigbhbor to stop.
2) If the above doesn't work--try it first, because it is simple and free--you can bring a lawsuit based on "nuisance." A "nuisance" in a legal sense is a use of property or activity which is inappropiate for the location and which disturbs neighbors. If you can show that in your area/neighborhood, the use of a property as a commercial truck yard is inappropriate, you can get a court order requiring that the use stop and/or get monetary compensation. Consult with a real estate attorney to explore this option.


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