There is a lot next to my house the owner of the lot never comes to take care of it causing the grass to grow high ( more dirt than grass) t...

Question

There is a lot next to my house the owner of the lot never comes to take care of it causing the grass to grow high ( more dirt than grass) the point is that its a mess. My father who owns the house wants to buy the lot but the owner refuses to sell for a reasonable price what can we do in this situation can we claim it as abandonment and or anything else?

Answer

Abandoned, no; some interests in land can be abandoned, such as easements, but not ownership in fee. I would recommend considering three alternatives, none of which is guaranteed to produce the desired result:

1. You can negotiate with the owner, maybe even threaten #2 and #3 (below) a little, to raise his interest in cooperating with you.

2. You can check with your city's planning, health, safety or zoning, etc. departments to see whether the lot's level of maintenance falls below the standards set by some ordinance for public health, safety, appearance, etc.; then get the city to take appropriate action.

3. Finally, if you have to resort to private action, you may be able to file, serve and prosecute a lawsuit claiming a nuisance, probably a private nuisance. I would not rush to do this, and if a suit becomes necessary, what you'd have to plead and prove is suggested by the standard approved jury instructions:

"2021. Private Nuisance - Essential Factual Elements

[Name of plaintiff] claims that [name of defendant] interfered with [name of plaintiff]'s use and enjoyment of [his/her] land. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of plaintiff] [owned/leased/occupied/controlled] the property;

2. That [name of defendant] created a condition that [insert one or more of the following:]

[was harmful to health;] [or]

[was indecent or offensive to the senses;] [or]

[was an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;] [or]

[unlawfully obstructed the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway;]

3. That this condition interfered with [name of plaintiff]'s use or enjoyment of [his/her] land;

4. That [name of plaintiff] did not consent to [name of defendant]'s conduct;

5. That an ordinary person would be reasonably annoyed or disturbed by [name of defendant]'s conduct;

6. That [name of plaintiff] was harmed;

7. That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm; and

8. That the seriousness of the harm outweighs the public benefit of [name of defendant]'s conduct."