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Monday, April 25, 2011

Stop Gas Drilling -- Sue Your Neighbor

Basic real estate law could stop gas drilling in the Northeast.

Here's the idea. When you bought your house you didn't buy just dirt and bricks; you bought what your lawyer calls a bundle of rights. That includes what he or she calls the right of quiet enjoyment.

Quiet enjoyment means more than the right to sit on your porch and watch the sunset; it includes the right to enjoy the value of your property. If your neighbor does something to hurt this right, he has to pay you the before-and-after difference -- to make you whole, as they say.

It's called nuisance law, and means everybody has the right to do what they want with their property -- as long and they don't hurt anybody else. If they do, they have to pay.

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