What steps do we take to stop a neighbor’s illegal auto mechanic shop?
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What steps do we take to stop a neighbor’s illegal auto mechanic shop?
Our house butts up to an alley way and our driveway is connected to it along with most of our neighbors. About 8 months ago, the house across the alley from us decided to start up an
auto body shop. This house has no backyard, therefore they do 99 of their work in the alley beside our house or in his makeshift garage. We haven’t been able to use our driveway in months, and have dealt with multiple problems since the start of this. This includes noise, crowds of unknown people, little to no privacy, up to 10 cars parked around our house at one
given time, traffic from 7 am to 8 pm all week long, and constant smoking and cursing. At one point our side yard was used to
Asked on April 5, 2016 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can bring a lawsuit in chancery court (a part of the civil division of county court) based on "nuisance" seeking a court order enjoining, or preventing, them from running the business. A nuisance is a use that might be legal in the appropriate setting or venue, but which is inappropriate for the neighborhood it is in and which disturbs the neighbors. A court has the power to force them to stop. A suit like this is considerably more procedurally complex than, say, the typical small claims case for an unpaid bill or a fender bender, so you are advised to retain an attorney to help you.
Also, if anyone is on your land (e.g. side yard) without your permission, you can call the police on them for trespassing.
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