Q: There is a homeless camp next door on private property who do I file suit against
The property next door has a huge homeless camp the city won't make them move because they say it's private property. The man who owns the property lived out of state but he recently passed away its a prime piece of property on tualatin valley hwy in hillsboro. But we have been told our 2 pieces 11ac and 27ac have decreased in property value by 10's of thousands of dollars and studies have shown will stay down. We are looking for an attorney to sue the estate..(.we think) on a contingency is this something that IA available? And how much do we ask the city for in a tort claim to start?
A: You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.
To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:
(1) The defendant knew, or had reason to know, that an objectionable condition existed on the defendant’s property;
(2) The defendant realized, or should have realized, that the objectionable condition created an unreasonable risk of substantial interference with the use and enjoyment of the plaintiff’s property;
(3) The utility of maintaining the objectionable condition and the burden of eliminating the objectionable condition were slight compared with the risk;
(4) The defendant failed to exercise reasonable care to eliminate the risk; and
(5) The objectionable condition caused actual damage to the plaintiff.
There may be other claims available, but you should consult with an attorney to determine the best course of action.
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