Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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.
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.
