How to sue a neighbor who owns a junkyard adjacent to my backyard?

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How to sue a neighbor who owns a junkyard adjacent to my backyard?

The junkyards fence is deteriorating, distorting the view of my property. Landscaping starting to grow on my property. Starting to see rats and trash in my yard.

Asked on June 14, 2011 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Four different options present themselves:

1) Is the neighbor's land zoned for this use? If not, it may be possible to force him to discontinue it.

2) Even if zoned for this use, if he is violating any health or building, etc. codes, you may be able to get the town to enforce them; e.g. codes for waste disposal.

3) Anything trespassing on your land (like his landscaping or excess junk), you may remove or cut down and seek either compensation from him for the cost thereof, an order from a court forcing him to prevent it from happening again.

4) If he is creating a "nuisance" under the law by the noise, view, vermin, smell, etc., it may be possible to force him to make changes (again, you'd have to sue).

It would be worth your while to discuss the situation in depth with a real estate attorney. Good luck.


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