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.
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
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.
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.