Objects Falling, Dropping, and Blowing on My Land
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Can I Recover for Things Ending up on My Land?
When objects or substances persistently fall, drop, or are blown onto your land, and cause property damage, the property owner may be entitled to relief.
Can a Neighbor Be Responsible for Objects Falling, Dropping, or Blowing on My Land?
Generally, a person is responsible for their actions, even innocent actions, that are done in a negligent manner and result in some type of damage. With that said, a neighbor who maintains their property in a way that causes harm to an adjoining piece of land may be found responsible for any damage that results. Examples include:
- A pile of dirt that slides down to a property below
- A smokestack that deposits ash, cinders, and other substances on nearby property
- A portion of a retaining wall falling onto an adjoining property
- A pile of lumber falling onto a neighbor's property
Are Nearby Farmers Responsible for Dust Blowing onto My Land?
Courts tend to rule that people with property in the vicinity of a farm cannot recover damages when dust and weeds blow onto their land. However, depending on the severity of the dust, a nuisance claim may cognizable.
Do I Need a Lawyer?
If an object or substance has fallen, dropped, or blown onto your land and has caused damage to your property, a real estate lawyer can explain the laws in your area and advise you of any forms of relief available. Similarly, a lawyer can protect your interests if you have been accused of causing damage to a neighbor's property.
Consult a Lawyer - Present Your Case Now!
Last Modified: 12-08-2015 04:19 PM PST
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