Jump to Navigation
We can handle your closing anywhere in the state.
Subscribe to This Blog's Feed

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

No Comments

Leave a comment
Comment Information
Tell Us About Your Transaction

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Visit Weeks & Irvine at One of Our Six Locations

North Charleston office 8086-B Rivers Avenue
North Charleston, SC 29406
Phone: 843-553-9800
Toll Free: 800-553-7449
Fax: 843-553-9804
Maps and Directions

Mt. Pleasant office
1100 Queensborough Blvd, Suite 102
Mt. Pleasant, SC 29464
Phone: 843-856-9800
Toll Free: 800-553-7449
Fax: 843-216-0930
Map and Directions

Mt. Pleasant North office
3040 Highway 17-A North, Suite B
Mt. Pleasant, SC 29466
Phone: 843-388-3250
Toll Free: 800-553-7449
Map and Directions

West Ashley office
873 Orleans Road, Suite 102 1/2
Charleston, SC 29407
Phone: 843-571-2996
Toll Free: 800-553-7449
Fax: 843-571-2998
Map and Directions

Summerville office
106 West 7th North St
Summerville, SC 29483
Phone: 843-875-7111
Toll Free: 800-553-7449
Fax: 843-875-7721
Map and Directions

Goose Creek office
567 Crowfield Blvd.
Goose Creek, SC 29445
Phone: 843-553-9100
Toll Free: 800-553-7449
Fax 843-553-9183
Map and Directions