Texas law defines "nuisance" as a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities. In practice, successful nuisance actions typically involve an invasion of a plaintiff's property by light, sound, odor, or foreign substance. For example, a lawsuit alleging a private nuisance would likely succed where floodlights shine on a house; an industrial plant's operations shake the ground and create a constant loud noise; operations from an oil or gas well that create light, noises vibration or smells (even where they have been granted a license to operate); or from environmental damage (see below). Contact us to see if we can help.
Trespass goes beyond a someone walking on to your property without permission. It is any intentional entry onto the property of another that damages the landowner's rights or interests. "Damaging" rights or interests includes depriving the owner or lessee their exclusive right of possession of the land by dispossessing them - even briefly - from part or all of the land. For example, commercial trucks using a private road without permission; abusive use of an easement; blocking access to an easement; or from environmental damage (see below). Contact us to see if we can help.
The average person's sense of justice recognizes that the tortfeasor (i.e., the polluter) should be required to make you whole. While federal environmental laws provide little to no benefit to a private property owner whose land has been damaged by oil/chemical spills, garbage dumping or other commercially-created pollution, the Texas' common law actions of trespass, nuisance and negligence can recover your costs of cleanup or the diminished value of the property. Contact us to see if we can help.
Principal office located in Addison, Texas
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