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When you buy property, you have the right to use and enjoy that property as you wish, as long as it doesn’t interfere with the rights of your neighbors. What happens when someone else interferes with that right?
If you’re in Bend, Redmond, Prineville, Madras, or elsewhere in Jefferson, Crook, and Deschutes Counties, the answer is to get help from Bristlecone Law. We’re a civil litigation law firm that represents people in real estate matters affecting how they use and enjoy their property. We know how complex and sensitive these cases can be, and we know how to resolve them as efficiently and thoughtfully as possible.
Call us today or contact us online to set up your initial consultation with an experienced Oregon lawyer, where we’ll learn about your case, advise you on your options, and explain how we can help.
In Oregon, nuisance and trespass are different civil offenses. A nuisance claim arises when a person interferes with the use or enjoyment of someone else’s property. Nuisance claims can be either private, if a specific person or group is affected, or public, which is the classification that applies if the nuisance affects an entire community.
Trespass, on the other hand, is the unauthorized entry onto someone else’s land or property. The entry can be either physical or through the use of technology. If the landowner properly posts that no one is allowed on the land, anyone who enters that land does so illegally — even if they did so without seeing the sign or intending to violate the property owner’s rights.
If you’re a property owner and your enjoyment of your land is being hindered by someone else’s activities, or if someone has trespassed onto your property, you can seek legal remedies. An experienced real estate lawyer from an Oregon law firm can review your case and advise you on your next steps.
A nuisance is anything that interferes with the enjoyment of your property. Common examples include:
If any of these circumstances sound familiar, a lawyer can advise you about whether you have a valid nuisance claim against the person responsible for the inconvenience.
When your lawyer sets out to prove that someone else’s nuisance actions unreasonably interfered with your enjoyment and use of your property, they will need to produce evidence that shows:
An experienced lawyer from a civil litigation law firm will know how to gather evidence that proves these points and how to build a persuasive case on your behalf. Potentially valuable evidence can include:
Has someone entered your property against your wishes? If so, you could have a valid trespassing claim against them. Common examples of trespass include:
Trespassing claims can be complex, which is why it helps to have the assistance of an attorney from a law firm that handles real estate disputes and litigation. You must prove that the defendant intentionally entered, or caused something else to enter, your property without permission. Although that seems straightforward, intent can be challenging to prove if you’re unfamiliar with the legal system and the evidence that can be used to prove such a claim.
In a civil trespass case, a court can require the trespasser to pay up to $1,000 to the landowner.
If you file a nuisance claim, you could be awarded damages for:
The court could also issue orders to stop the at-fault party from engaging in the nuisance behavior again. In some cases, a court may award punitive damages if the actions of the party causing the nuisance were egregious.
If you’re a resident of Bend, Redmond, Prineville, Madras, or another Oregon city, and you’ve had trespassers or the use of your property has been affected by nuisances, there are steps you should take to pursue the justice you deserve. Here’s what you can do:
With Christian Malone, the founding attorney behind Bristlecone Law, you’ll get legal solutions that are straightforward and grounded in principle. We help Oregon residents by solving their legal issues with clarity, strategy, and a down-to-earth approach. When you hire us to work on your case, you can expect us to:
We’re proud to serve clients throughout Deschutes, Crook, and Jefferson counties, including residents of Bend, Redmond, Prineville, and Madras. Reach out to us today to get started.
If you’ve experienced interference with your enjoyment and use of your property because someone else has created a nuisance or trespassed on your land, you need Bristlecone Law. Our experienced attorney serves people in Bend, Redmond, Prineville, Madras, and all the cities in Jefferson, Crook, and Deschutes Counties.
We believe that legal support should feel like a conversation, not a confrontation. In our initial consultation, we’ll discuss the details of your case, advise you of how the law applies in your situation, and explain your options. We’ll treat you with honesty and respect because we put people before process.
Call our law firm today or contact us online to get help from a nuisance and trespassing claims attorney in Bend.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
