How Can I Prevent My Neighbor From Building A Parking Lot Next To My Home?

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My neighbor is putting in a 51-car parking lot that is only 1.5 meters from my home. What can I do to stop this? I am afraid of the emissions that will come into my home.

[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.]

Regarding the parking lot itself, I would look first at any applicable zoning ordinances, particularly including setback requirements. However, if your neighbor has a permit for the parking lot, one would hope that they checked those requirements before issuing it. Of course, if he’s acting without a permit and one is required, that’s a discussion he’ll need to have with the city/county.

Regarding the emissions, it is possible to have a trespass or nuisance claim based on gases or odors crossing onto a property. This sort of claim will be very fact-specific, so you’ll need to consult with a local real estate attorney to determine your chances of success.



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Author: House Attorney