Legal Question in Real Estate Law in California

can I sue someone for disposing of used tires on my property


Asked on 8/03/13, 8:55 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes. A traditional lawsuit for trespass to land should work, I can't, however, predict whether you would be awarded sufficient damages, even if you proved your case, to make it worthwhile to bring a lawsuit. There may be local laws and ordinances that the disposer has violated, but it is less likely that a private suit could be brought to enforce such local ordinances. Finally, California has both legislation and a strong policy governing disposal and re-use of used tires, but I'm not aware that it's possible for a private citizen to recover damages under these laws; it would be up to the state to prosecute an offender (I think, although sometimes a citizen can act as a so-called "private attorney general"). For more information on state law and policy regarding used tire disposal, look at the Web site http://www.calrecycle.ca.gov/Tires/Enforcement/default.htm

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Answered on 8/03/13, 9:52 am
Anthony Roach Law Office of Anthony A. Roach

Personally, I'd take the old tires into a recycler and get money for them. I'd probably sue for trespass as Mr. Whipple points out, but I think there is some money in what they are dumping on your property.

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Answered on 8/03/13, 10:35 am

Unless there is alot of damage it may not be worth the trouble.

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Answered on 8/03/13, 10:07 pm


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