Legal Question in Real Estate Law in Washington

Re: Property value loss due to native american land use

Your question generally raises two issues: (1) first, what rights do you have against the person who sold you your parcel originally; and (2) what rights you have to control the land use activity of the tribal land adjoining your property.

As to the first question, unless the seller of the property warranted to you or represented to you that that it would be free from the obnoxious activities you now experience, you probably do not have a claim against the seller. Generally, sellers warrant that they have good title, that the property is free from claims, that they are entitled to possession, and that no one asserts claims against the property. From your situation, it does not appear that any of the warranties or covenants were broken.

As to the second question, you may have a right of action against the tribe if the activities on tribal land are in violation of local land use laws (such as zoning restrictions and the like) or if the state in which you live recognizes a common law right to be free from private nuissances, such as noice, dust, and polution. The complicating factor in your case is that the adjoing landowner may be a tribe that may be immune from certain state law claims, because some tribes are treated as sovereigns, like a foreign government. The specifics of how the tribe came to own the property (in trust or otherwise) may affect your ability to prevent the nuissance.

You may also have a claim against the tribe if its activities are violating the Clean Water Act. Under the Clean Water Act, discharging silt in to a waterway may violate the act and permit an injunction until runoff is controlled. That may be a way to exert some influence on the tribe to be a better neighbor.