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Dirt for Sale

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mepampatterson

Junior Member
What is the name of your state (only U.S. law)? Tx
I have lived in my house 13yrs about 5rs ago a company bought property behind me and decided to start selling the dirt. The owner then told us they were digging a lake for a future development. Well that was 4yrs ago. We have BTW 200-300 dump trucks on this little dirt road behind my house every day. Starts at 6am and goes well into the evening. This goes on 6-7days a week depending on the weather. My house is covered in dirt, my filters are covered in dirt, my horses had to be moved because of the dust, and i cant even enjoy my property. Starting early in the am coffee on my porch is not possible. I have contacted the state multiple times to no avail. Most recent because of the burning on the property and going days with smoke. This property is over a 100 acrers and i fear this is never ending. The state of texas has surprised me by knowing and allowing such destruction of its land. TCEQ has asked me to find out who owns the property because they are just to busy. This is what i have dealt with and am very exhausted. My daughter cant even go outside to play before 6pm because of the dust. I would like to file suit but dont know if i can aford it. Any advice
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Tx
I have lived in my house 13yrs about 5rs ago a company bought property behind me and decided to start selling the dirt. The owner then told us they were digging a lake for a future development. Well that was 4yrs ago. We have BTW 200-300 dump trucks on this little dirt road behind my house every day. Starts at 6am and goes well into the evening. This goes on 6-7days a week depending on the weather. My house is covered in dirt, my filters are covered in dirt, my horses had to be moved because of the dust, and i cant even enjoy my property. Starting early in the am coffee on my porch is not possible. I have contacted the state multiple times to no avail. Most recent because of the burning on the property and going days with smoke. This property is over a 100 acrers and i fear this is never ending. The state of texas has surprised me by knowing and allowing such destruction of its land. TCEQ has asked me to find out who owns the property because they are just to busy. This is what i have dealt with and am very exhausted. My daughter cant even go outside to play before 6pm because of the dust. I would like to file suit but dont know if i can aford it. Any advice
You may have a valid claim for nuisance. It would really take the knowledge of a local attorney to find out.

If you prevail, you can enjoin the other party from continuing the nuisance, and collect damages for the loss of use of your property.

Click on the link below to find an attorney
 

latigo

Senior Member
Nothing ever seems to be cut and dried in this business as here where the rights of abutting property owners appear to be in contention. One being your fundamental right to the quiet and peaceful enjoyment of your property and your neighbor’s right to the reasonable and lawful use of his property.

Should you seek injunctive relief to abate the neighbor’s activities as constituting a nuisance interference with your right to peaceful enjoyment, the Texas court would have to balance the opposing property rights following principles announced in the Texas Court of Appeals case of Smith-Southwest Industries vs. Friendswood Development Co. 546 S.W.2d 890 (1977), which are paraphrased below:

The owner may lawfully use his land as he chooses, but a lawful use may become a nuisance in fact when it is operated in such a place or manner as seriously to interfere with the enjoyment of life and property.”

“The complained of use may be so important to the owner, and the loss or inconvenience to his neighbor so slight compared to his, were he forbidden to so employ his property, that it would be unreasonable and unjust to impose such a restriction.”

“The importance of the use to the owner, as well as the extent of the damage to be inflicted upon his neighbor, and the rights of the parties, are to be adjusted in a practical way; the question being whether or not the proposed use is a reasonable one, under all the circumstances.”


(Understand what I mean by lawsuits “are never cut and dried”?)
 

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