Florida Right to Use and Enjoyment of Property

[abreeze45]

What is the name of your state (only U.S. law)? Florida

trying to have a church dumpster moved further away from my property. Anyone know of Landowner’s Right to Use and Enjoyment of Property statue for Florida and how best to handle this?

 

[154NH773]

I couldn't find any specific law such as you noted, however; in general the church can use its property to place its dumpster provided that it is legal and doesn't create a nuisance such as a health hazard.

A quick search of caselaw finds;

In Reaver v. ****** Theatres, Fla. 1951, 52 So.2d 682, 683, 25 A.L.R.2d 1451, under this maxim, it was stated that "it is well settled that a property owner may put his own property to any reasonable and lawful use, so long as he does not thereby deprive the adjoining landowner of any right of enjoyment of his property which is recognized and protected by law, and so long as his use is not such a one as the law will pronounce a nuisance." [Emphasis supplied.]

And a nuisance is defined in Florida law as:

823.01 Nuisances; penalty.—All nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals are misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is a felony of the third degree.

Have you spoken to the church about your concerns, and perhaps offered to pay them to change the location?

 

[154NH773]

There may be other caselaw that is more helpful, as building has been prevented that cast shadows over adjoining property in at least one case. It may be required to go to court if you feel the dumpster is objectionable to the point that you cannot enjoy your property, but courts are a crap-shoot as to their decisions and cost a lot of money.

 

[abreeze45]

I have spoken with the church several times to move the dumpster as well a my neighbor behind me. Both of us parallel on side of the church property and hate the smell of this dumpster. The preacher of the church told my neighbor we don't want to park next to a dumpster for service. A parking lot and a drainage pound (dry 99 percent of the time) separate the church building and our property by 140 feet. I have spoken with the city about this and said they could only have the church move the dumpster 10 feet off the easement. Which they have moved to 15 feet off my property line, between the drainage pond and parking lot.

They have the ability to move it another 120 feet up between the drainage pound and parking lot that would the be 20 from there building at the end. One of the doors entering the church would still be 80 feet away. This would not take up any parking and save the walking distance they have to do now to get to the dumpster, Yes they are expelling more effort to have the dumpster in the location were it is now. And they have moved this dumpster before which was closer to there building. By how big their property is and how they have moved the dumpster as far away from them for no functional reason other than they don't want to smell it and have it push as close to our property as they can, well could I guess move it another 4 feet. But hey it's a church, have to look out for your neighbor, (think there is another book that talks about that). I think this alone shows that the church is admitting it is a nuisance.

Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc., 114 So. 2d 357 - Fla: Dist. Court of Appeals, 3rd Dist. 1959

Durrance v. Sanders, 329 So. 2d 26 - Fla: Dist. Court of Appeals, 1st Dist. 1976 (hear the court does talk about smoke and odor)

 

[abreeze45]

The preacher said the dumpster is in the current position because the waste management people wanted it on a better paved surface. I said I would pay for that if you would agree to move it. He replied you should not have to do that and said we will look into this and did nothing. I find out later this this was not true. They can drive on dirt. My neighbor and I have offered other solutions that we would pay for as well. I comes down to paying parishioners that don't want to park next to this and two neighbors. And the church has had a meeting on this, they know we don't like it. Even the city agrees with me and said they can do a recommendation after the 10 feet easement.

 

[LdiJ]

The preacher said the dumpster is in the current position because the waste management people wanted it on a better paved surface. I said I would pay for that if you would agree to move it. He replied you should not have to do that and said we will look into this and did nothing. I find out later this this was not true. They can drive on dirt. My neighbor and I have offered other solutions that we would pay for as well. I comes down to paying parishioners that don't want to park next to this and two neighbors. And the church has had a meeting on this, they know we don't like it. Even the city agrees with me and said they can do a recommendation after the 10 feet easement.

You could try filing a lawsuit against the church. That might goad them into coming up with a better solution. They really are being poor neighbors.