Can you sue a business for lowering your property value?
My neighborhood was a quiet place with restrictive covenants. A business next to our neghborhood expanded to within 20 feet of my property and put a truck repair shop that works sometimes up till 10:30 at night . We have to hear air compressers run 24 7 , 18 wheelers pass within 30 feet of my bedroom and they call each other over an outdoor intercom system that you can hear for three or four blocks . A realestate agent told me i will never be able to sell like it is
Petition your county to have your home designated commercial. Then sell for about twice what it’s worth. P.S. Your agent is an idiot. You’ve literally just hit a financial jack pot.
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February 15th, 2010 at 4:10 pm
The problems are you have a hard time proving damages (how much value was changed) but even worse is that what they did was legal. You might have a better "claim" against the local government agencies (city or county) that allowed the business to expand its "industrial" use next to your "residential" use. Its fairly common practice for City’s not to let that happen or to mitigate such actions with walls (not just fences). Good luck.
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February 15th, 2010 at 4:23 pm
It is odd that such a thing would happen with zoning regulations and all. But yes, you can sue, it has been done before, with mixed results. A group of people from my home town sued a drag racing strip that moved in next door. They got a pretty large class action settlement.
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February 15th, 2010 at 4:54 pm
Petition your county to have your home designated commercial. Then sell for about twice what it’s worth. P.S. Your agent is an idiot. You’ve literally just hit a financial jack pot.
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February 15th, 2010 at 5:28 pm
Check and make sure that they comply with City regulations. You may have a cause of action for nuisance concerning the intercom and noise.
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February 15th, 2010 at 5:37 pm
Any lawsuit will turn on the question of whether the operation of the business is "lawful." If someone buys land and uses it lawfully and it happens to result in lower property values for you, that is not grounds for a suit. On the other hand, if they are operating in a way that amounts to a nuisance, then you might have something. Unfortunately, what amounts to a nuisance is not easily defined. You would have to look up noise ordinances and all sorts of other things. If you do the leg work and put together a viable claim, then the best strategy might be to use that information to convince the business to buy your place from you at the fair market value and then go buy some other place, and buy the adjoining land as well to control who your neighbors are.
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February 15th, 2010 at 6:25 pm
There are two types of property zones, residential & business. In order for there to be an industrial business near your house, that means you live in whats classified as a business property zone. Although it can be disturbing, it is no ones fault that you choose to buy a property in a businss zone, whether the business is there or not. Anyone should know when you buy a house in a business zone, new industrial business are likely to appear. As far as if you actually have a suit depends upon where you live, and if you when depends upon the judge. Heres an ideal, WATCH WHERE YOU BUY PROPERTY, STOP BEING SUIT HAPPY & TYING UP OUR COURTS WITH B/S. You’re exactly one those type of people that call cops all night because the bar you moved next to is playing music, or the church you live next to is playing much on Sunday’s morning. Its people like you when I come to your complaint I FEEL like locking you up in jail for false complaints. You shouldn’t hold anyone responsible for your idiotic person buying a house in a business zone, you should have known that business would be likely!
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