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Reply to "Would you buy a house next to this?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Mind your own business. You might be able to address the food trash. Unlikely to be able to address out-of-season holiday decorations.[/quote] Sorry, we plan to sell our house in the next 12 months. This feels like our business as it will affect how prospective buyers perceive our home's value.[/quote] [b]Your neighbors don’t have any duty to maintain your property values[/b]. You should’ve bought in an HOA if you weren’t prepared to live near people who keep out Halloween decorations year round.[/quote] Serious question: Are you a real estate attorney? I ask because my neighbor erected an eyesore. I am planning to sell my house in the next few years, and I worry that my neighbor's eyesore may have a negative effect on my property values. He's not part of our HOA. Is there no recourse? [/quote] I’m an attorney with experience in real estate law but I do not presently practice real estate law. You can bring a nuisance claim, but generally for nuisance, you have to show the challenged activity substantially interferes with your own property rights, which is a tough standard. You can bring a public nuisance claim, but that typically requires an actual health or safety issue. If you’re trying to just get the condition remediated, the best course of action is to report to your city/county an actual code violation. And even then, only the actual code violation (like grass too tall) will end up remediated. No matter how decrepit or unsightly, Halloween decorations left up year round won’t cut it basically anywhere absent an HOA or possibly being in a historic district (though even then, those rules are typically about physical structures). That’s partly because how you decorate your property is a form of speech, and you have to have a really good reason to restrict speech, especially speech on the speaker’s private property. [/quote]
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