Saturday, July 26, 2014

I have just listed my home for sale. My neighbor was issued a permit to dig up his land and sell the dirt. There are thousands of dump truck...

Question

I have just listed my home for sale. My neighbor was issued a permit to dig up his land and sell the dirt. There are thousands of dump trucks driving by my house everyday. If my house does not sell, do I have any recourse. If so, what type of lawyer should I hire.



Answer

You describe that he obtained a permit which seems to indicate he is using his land for a permissible purpose. Therefore it's unlikely that you will have any recourse should your house fail to sell. Additionally, if you were to pursue a claim against your neighbor, it would be your burden to show that the sole reason your home did not sell was a direct result of your neighbor's activity. To fully evaluate this matter you would consult with an attorney who regularly litigates real estate matters. Best of luck.



Answer

Great answer above. The simply answer is no without proof that the intrusion was impermissible and that that is the reason for your loss. Those are nearly impossible to prove on the facts given.



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