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

UPDATED: Jan 10, 2012

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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


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

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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