If there is a have business that has a fan on side of building that blows on my property, what can I do?

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If there is a have business that has a fan on side of building that blows on my property, what can I do?

The business has industrial fan and it blows all of the dust from inside of their

building on my property.

Asked on July 20, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First option, which is not guaranteed to work, but is easy and free: contact your municaplity's departments of buildings, health, and sanitation: if this is violating any ordinance, they can cite the business (issue it tickets or summons; impose fines) which may force them to correct the problem.
If that doesn't work, you could try bringing a lawsuit for "nuisance." "Nuisance" is a condition on a property or act by a property owner/renter which both 1) inconveniences or harms in some way neighbors and 2) is inappropriate for that kind of property in that location. If you win a nuisance suit, you can get a court order that requires them to abate, or correct, the condition/situation and also possibly some amount of monetary compensation. But be warned that nuisance suits can be very difficult to win, because it can be hard to show that some acts or conditions--like them having a fan where they do--are in fact inappropriate for a property like that in the location it occupies. If you wish to explore the nuisance option, consult with a real estate attorney.


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