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Land use issues and nuisance claims

Perhaps your family has owned property here in Georgia in the same place for several years (or generations) or you spent a significant amount of time choosing the site for your brick and mortar small business. Then a neighbor moves in and land use issues interfere with your enjoyment of your property. What can you do about it?

You may wonder whether there is any legal action you can take against your neighbor because the interference does not involve a physical intrusion on your property (trespassing). Instead, the intrusion is from some other source (nuisance). For example, an unpleasant odor could be wafting onto your property that cannot be ignored and makes it difficult to enjoy your property. Many modern farming operations create distinct and significant odors that create a nuisance to the residents and businesses near them.

Continuing with the farming example, the waste from a chicken farm could get into the ground water and cause issues on your property as well. On the other hand, a neighbor might collect junk or old cars that become unsightly. Those items could also create what is termed an "attractive nuisance," which often relates to dangers to children that a property owner knew or should have known could cause harm.

These are just some examples of nuisances that can cause land use issues between you and a neighbor. If you feel as though your neighbor's use of the land infringes on your property rights, you may have legal recourse. It may benefit you greatly to discuss the situation with a Georgia environmental law attorney to determine your best course of action.

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