Can I File An Injunction Against My Neighbor For Trespassing?

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I am disabled and own a home listed as residential. Two weeks ago, our neighbor sold his quiet business to a towing company/junk yard. I have a legal plotted easement for my leach field on this driveway he is putting in. There have been many improvements to said property causing flooding of fluids from over 50 wrecked vehicles onto my property, causing danger to my dogs, well water and my lawn. This new owner stores vehicles 15 feet from my home and is open 24/7. Can I get an injunction to stop this activity? My $200,000 plus valued home is now worth nothing.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If your new neighbor is causing fluids to come on your property that’s a trespass, and possibly a nuisance. An injunction is one possible remedy for that kind of activity.

Since you’ll still be neighbors after you’re done, my personal preference is to approach these sorts of problems with the minimum possible amount of force. Have you talked to your neighbor about the problem yet? If that didn’t work, perhaps a letter from an attorney will be sufficient. Ultimately, an injunction is a possibility, but you should work your way up to it, only if it’s necessary (this will keep your costs to a minimum, too).

A good local real estate attorney should be able to help you through that whole process.

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Author: House Attorney