How can I stop my neighbor from building the soccer fields?

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How can I stop my neighbor from building the soccer fields?

My neighbor sold his property recently. The new buyer wants to build soccer fields. This will increase traffic on a clay road that is already in disrepair as well as creating a significant noise problem. We are in a rural area with 5 other neighbors who all own 5 acres minimum. We all collectively own the private road.

Asked on January 10, 2012 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the neighbor starts building the soccer fields, you could sue the neighbor for nuisance.  Nuisance is a serious and unreasonable interference with your use and enjoyment of your property.

Damages (monetary compensation) would be an inadequate remedy because land is unique and  there would also be multiplicity of lawsuits from the traffic noise on the private road.  Therefore, your remedy would be to obtain an injunction.  The court will balance the benefits and burdens in deciding whether or not to grant an injunction.  The benefits to your neighbor from the soccer fields will be balanced against the burden to you from the traffic noise, damage to the private road, etc.  The court may issue a temporary restraining order which maintains the status quo until the court determines whether to issue a preliminary injunction.  A preliminary injunction would be in effect until trial when the court will decide whether a permanent injunction should be granted.

Although posting an expensive bond can be required to obtain an injunction, the court can consider economic hardship in order to waive the bond. 


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