What can I do to stop an illegal dumping and junk yard next to my house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do to stop an illegal dumping and junk yard next to my house?
I live on a 3 acre lot in residential area. Next to my property is a 3 acre lot that owner uses as a dump site. Every day I see a bunch of trucks go in and out of that property dumping dirt and other stuff, filling it with junk like wires, tires, metal and plastic stuff. We reported him to the city about 6 months ago but nothing seems to change. He raised his land several feet up on his side so water now does not drain properly on our side, the smell is horrible from all the dump trucks and bulldozers that work there everyday. I can’t go and play with my kid out.
Asked on June 15, 2012 under Real Estate Law, Virginia
Answers:
Jonathan Pollard / Pollard LLC
Answered 11 years ago | Contributor
Very interesting case. Things like this are why I went to law school. Here are a couple preliminary thoughts:
(1) Nuisance - Depending on how severe the situation is, how bad the smells, the noise, etc, you may have a claim for nuisance (either private or public).
(2) Trespass - If the dumping s poluting your land (soil, water, etc), then you may have a claim for trepass. There is solid legal precedent for this.
(3) Specific state statutes re dumping - there may be a specific statute that bans this type of unpermitted dumping and gives you a private right of action.
It might be worth it for you to go talk to some young, enterprising attorney and ask him to look into your case for an hour or two.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.