A nuisance under Texas law occurs when a person or entity substantially interferes with the plaintiff’s use and enjoyment of the land such that either the property itself has been physically harmed or the plaintiff has suffered physical or emotional harm.
Some examples of a nuisance that have been recognized by Texas courts include:
- a commercial business causes or permits smoke, soot, ash, sawdust, or foul odors to escape its property and impact the plaintiff;
- fill dirt on a defendant’s property causing water to back up into a plaintiff’s property;
- wastewater dumped on a plaintiff’s land causing the plaintiff’s animals to die after drinking the water;
- raw sewage flooding a plaintiff’s property
If a person or business is causing a nuisance that impacts your property, you should consult an attorney about filing a nuisance claim. You may be entitled to recover monetary damages for personal injury, injury to real property (measured either as loss in market value or loss in use and enjoyment of the property), as well as injunctive relief. (An injunction is a court order
Disputes over title often arise when a property is being transferred either through a sale or as the result of an inheritance. If multiple parties assert conflicting rights to real property, it can make the sale or transfer of that property problematic if not impossible without resolving the title issues.
If someone is asserting rights to your property, or if you believe you have a valid claim on property, you need to consult an experienced real estate attorney. Title disputes do not always have a firm statute of limitations per se, but the longer the matter continues, the more complications may arise (such as further fractionalization of property interests due to parties passing away and leaving property rights to children). The title can get particularly complicated when it comes to mineral rights, especially if the minerals have been severed from the surface estate and transferred separately from the surface.
Other Real Estate Matters
This firm handles a variety of real estate matters in addition to those enumerated above, including:
- Adverse Possession
- Boundary Disputes
- Municipal Cleanup Liens
- Premises Liability
Click here to contact your Dallas real estate attorney.