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My Home Is My Castle – Claims for Damage to Real Property

That saying, or some variation thereof, was an old English proverb that was used by a famous (in legal circles anyway) judge to establish the principle that no one may enter your home without your permission. This principle was then expanded to create what we now call lawsuits for “trespass” and “nuisance.” that is, if someone has trespassed on your property and caused damage, you may have a claim. If someone is using his or her property near you in a way that unreasonably interferes with your right to use and enjoy your own property, it is called a nuisance.

As you might be able to tell, trespass and nuisance don’t just refer to a person’s unauthorized entry into your home or property. They also apply to instances in which a person causes some thing to enter your property without your permission.

Recently, in Mobile County, there has been a focus on odors and chemicals entering various properties. A story in the Mobile Press-Register from last Thursday details the claims that several people from Eight Mile filed related to odors and chemicals from a gas pipeline.

Here at the Gilmore Law Firm, we are representing numerous individuals in the Grand Bay area related to odors, bacteria, and pollution from the spraying of sewer sludge (also known as biosolids) on property next to our clients’ homes. I’ve personally been to these homes on numerous days, and the smell is downright nauseating. Children can’t play outside, and it sickens adults to go outside when the sewage is present.

My point is this – as the title of this post says – your home is your castle. If someone is interfering with your right to use and enjoy it and causing you substantial harm, you may have a claim. Don’t sit back and let someone else ruin your home. The great thing about our country is that we have a legal system that allows you to prevent such things from happening.

Edwin Lamberth

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