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From loud parties to farm animals on your property, a nuisance neighbor can make home life unpleasant. Fortunately, homeowners have rights, and a real estate attorney can help them obtain peace again. Here's what you need to know about the process and legalities of the situation. 

What Counts as a Nuisance? 

A nuisance is an action that negatively impacts a person's enjoyment of their property. A common example is loud noise at night that inhibits sleep, such as a barking dog or blasting music. A nuisance can also be an action that causes damage, such as goats eating the flower garden, or breaks laws, like a dog roaming untethered on your property when there's a leash law. 

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What Remedies Are Available?

When talking to your neighbor doesn't work, there are legal avenues you can take. The first step is usually filing paperwork with the court to request an injunction. At this point, the neighbor is legally required to quit the activity or behavior outlined. Failing to follow the order can result in legal consequences, such as fines and jail time. 

If the case is associated with criminal activity, they may face legal charges. Whether criminal laws were broken or not, the victim can sue the neighbor in civil court for monetary damages.

How Can a Real Estate Attorney Help?

Achieving an injunction, monetary damages, or both requires proving to the court that the neighbor has directly and negatively impacted your life through illegal or unreasonable behavior. A real estate attorney can ensure the proper paperwork is filed and, if necessary, use their legal knowledge to argue your case in court. They can also help establish the right amount of damages to request based on your situation. 

 

If you are dealing with a nuisance neighbor, reach out to Cecil, Cecil & Barker, P.A. for guidance. Based in High Point, NC, these real estate attorneys provide personalized assistance with residential and commercial property matters, including civil suits, real estate contracts, and deed preparations. Find out how they can assist you online or request a consultation at (336) 883-8383.

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