What can I do if a business has a dumpster 15 feet from my property line that in turn is 1only 0 feet from my patio?

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What can I do if a business has a dumpster 15 feet from my property line that in turn is 1only 0 feet from my patio?

The odor is terrible because of the food and other items put in it. It is 200 to 300 feet away from there building because they do not wish to smell the dumpster but is as close to my property as they can legally put it. They have the ability to move it closer to them and further from me but refuse so I am left to smell there dumpster while they breath free.

Asked on July 1, 2015 under Real Estate Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a nuisance suit against your neighbor because his actions are impairing your use and enjoyment of your property.  It would be one thing if the nuisance was temporary and unavoidable... but from what you decribe, there is an option... but it's simply an option that the neighbor does not want to invoke.  You can do a nuisance claim yourself, but it does help if you have some assistance from an attorney who regularly handles real estate actions.  At least do a consult and have one draft the petition for you-- so that you action gets started on the right foot. 


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