Real Estate Ownership and The Right to Quiet Enjoyment - Broomfield

Posted by Greg Smith on Tuesday, April 26th, 2011 at 12:24pm.

As a landowner, you have certain rights that are associated with your Broomfield, Colorado property. Tenants who are considered leaseholders have similar rights, although they do not technically own the property in which they’re currently living. The legal term that describes one of these rights is called the right to quiet enjoyment.

The right to quiet enjoyment dictates that neighbors of Broomfield neighborhoods such as Anthem as well as other types of people are not allowed to interfere with your right to the full use and enjoyment of your home. If such a person consequently causes smells, noises, pollution or virtually any other hazard you can imagine that extends beyond their own property’s boundaries and into your own, it is likely they have violated your right to quiet enjoyment. In such an instance, you as a homeowner or leaseholder can make a nuisance claim against them. As far as its legal connotation goes, nuisance is described in three ways. First, it can define an activity or another type of condition that is harmful or even just annoying to others. Second, it can be used to describe any harm resulting from the activity or condition in question. Lastly, attorneys often also use it to describe the liability that arises under the law from a combination of the first two descriptors. Nuisance law was originally created originally in two forms. Public nuisances were stopped by this law when they were considered bothersome or the conduct unreasonably interfered with the general public’s rights. Similarly, the same can be said when troublesome activities and conduct interfered to an unreasonable extent with private landowners’ rights. The latter is what comes into effect here on private property when your neighbor or a trespasser is unreasonably interfering with your right of quiet enjoyment.

Filing a lawsuit against the perpetrator of the interference is one way to approach this matter. Traditionally, only money damages were awarded as a remedy for nuisance. Now there also exists an option to request an injunction to make the person doing the interfering stop their actions or conduct. If they refuse to comply, they could be held in contempt of court and face more serious punishment as a result.

Planning to move or relocate in Colorado? Receive helpful information about Nederland CO real estate or real estate in Golden CO. Also, find detailed MLS real estate data on specific homes or properties for sale and receive help from real estate agents with the knowledge and expertise of the area.

Greg Smith

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