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What can you do if your neighbor is a nuisance in South Carolina?

If your neighbor is being a nuisance and you've just completed your real estate transaction, is there anything you can do about it? Fortunately, there are some laws that protect your rights as a homeowner. The law of nuisance usually covers lawsuits that involve neighbors who are suing their neighbors or public officials who are suing property owners. In these cases, it's likely that one person feels that the property owner is causing a problem that affects those around him or her.

There are two kinds of property nuisance lawsuits. Private nuisances means there have been no physical trespassing actions or an invasion of property. Public nuisances can affect the well-being, safety or comfort of the general public. For example, a baseball field may cause homeowners to keep their windows shut or cars parked on the other side of their home, which correlates to the fields being a nuisance.

The effect of the nuisance on the property needs to be substantial and ongoing to have a lawsuit filed. If a business is being sued over being a nuisance, the courts may try to help in a way that doesn't hurt the business's economics while still trying to eliminate the impact on others around the business.

Several factors influence a nuisance case. The court may look at the location and apply zoning restrictions as necessary. For instance, if a livestock farmer is within his rights and the rights of zoning conditions with his livestock, the nuisance request may be denied for the prosecuting client.

If a neighbor claims that you're a nuisance or if you fear your neighbor's actions, you have a right to dispute those actions with the court. Discuss your case with someone who knows the law to find out the best options.

Source: FindLaw, "Property Rights: My Neighbor is a Nuisance" Oct. 24, 2014

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