North Carolina  |  Real Estate Law

Legal Question

Asked on: 5/11/13, 5:49 am

Farmer constructed grain bins directly behind my home. The dust and noise are unbearable. Do I have a course of action?

1 Answer

Answered on: 5/11/13, 6:49 am by John Kirby

These are complicated questions. This raises primarily the law of "nuisance"; i.e. that the farmer is creating a nuisance that interferes with your use of your land. People are entitled to make reasonable use of their land, but there is a limit when they unreasonably interfere with their neighbors. You will have to consult with a lawyer (ideally in your local area) with a lot more specific facts to know whether this constitutes a nuisance, as there are many cases in North Carolina addressing what conduct constitutes a nuisance. Based on what you have described, it appears that you may have a valid claim.

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Law Offices of John M. Kirby 2501 Blue Ridge Road, Suite 250 Raleigh, NC 27607-6479

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