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Using Private Nuisance Abatement to get rid of Vacant/Abandoned Real Estate Or Land In Florida

Updated: Jan 30, 2023



Property rights are often called a bundle of sticks. The image of a bundle of sticks is useful because the asset can be sold outright, transferred for a specific purpose, or leased. Each transaction has specific rights and obligations associated with it. Transfer of ownership can therefore be viewed as a transfer of a bundle of sticks. When purchasing a property, the owner acquires an entire bundle of bars, including but not limited to foreclosure rights, transfer rights, use rights, mortgage rights, etc. Those who rent out apartments and houses only have some of these rights. This starting point is useful for personal injury law because what owners and renters have in common is reasonable use and possession rights.


Personal harassment is serious and unreasonable interference with the use or enjoyment of another's property. Property owners must not use their property in such a way as to interfere with the right of others to use their property. Isolated interference or minor inconveniences are not sufficient to constitute private harassment.


Intervention must be critical. An overly sensitive plaintiff, or a plaintiff who uses property in a professional manner, may not be able to demonstrate significant interference. it won't work.


Illegal activity, noise pollution, light pollution, water pollution, odor pollution, fences and constant barking can be a private nuisance. Be unreasonable regardless of the type of harassment

Generally, the seriousness of the injury must outweigh the utility of the defendant's conduct. Courts can assess the character of the neighborhood, the value of the land, and whether the defendant has acted otherwise. To determine whether harassment has occurred, a court may need to weigh the competing interests of the landowner in question.


Florida's harassment laws are codified in Section 60.05. The law allows landowners to apply for permanent injunctions or "injunctions without adequate evidence." A word of warning to angry litigants, an injunction stating that "if the court finds the complaint to be unreasonable, the costs will be borne by the public" and the person who caused or perpetuated the harassment is ordered to bear the costs.


Harassment is different from trespassing. Trespassing is the violation of the exclusive property of a land owner by physically encroaching on the land. Regardless of whether you are the owner or tenant, you have the right to invite or exclude others from your property. detract from the use and enjoyment of the .


Condominium communities, multifamily homes and condominiums require residents to adhere to certain rules and regulations. Of course, if you live in such a community, your first step in mitigating nuisance is to contact your HOA, landlord, or homeowners association. The supervision and authority of these agencies can resolve most neighborhood disputes

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