Noisy Pool Pumps and Other Neighbor Pool Issues: Your Legal Options

Noisy pool pumps and other pool-related issues often fall under "private nuisance" legal claims. With these claims, the interference must be substantial and persistent, affecting your enjoyment of your property. State and local laws primarily govern these claims.

It’s critical to understand the rights and responsibilities related to private pool ownership. Pools can be relaxing and fun, and may increase the property value. But they can also lead to neighborhood disputes when they impact the rights of those living nearby.

This article explores some common legal claims that can arise in these situations. 

If you’re experiencing a problem related to a neighbor’s pool or your neighbor has a problem with yours, consider speaking with a real estate attorney licensed in your state. They can help you understand the specific rights and remedies available to you.

Pool Problems: Private Nuisance

Many pool-related neighbor disputes fall under a legal concept called "private nuisance." The idea is that homeowners and residents have the right to enjoy their homes peacefully.

If something your neighbor is doing (or not doing) with their pool creates an unreasonable and ongoing interference with your ability to enjoy your home and yard, it could warrant a private nuisance claim.

These claims require more than just an occasional annoyance. The interference must pose a significant and persistent problem. Pool-related noise can often be the subject of private nuisance claims.

Noisy Pumps and Equipment

Pools generally require pumps, heaters, and filtration systems to run, sometimes for many hours a day. If the equipment is old, poorly maintained, or installed too close to a neighbor's property line, it could interfere with a neighbor’s ability to enjoy their living space. Constant hums, whirs, or clanking can be disruptive for those in the area.

Depending on state law, these noises may support a private nuisance claim if they:

• Are excessive
• Occur at unreasonable hours
• Significantly disturb a neighbor’s peace

Courts generally look at the frequency, volume, and timing of the noise to evaluate these claims. They also tend to consider whether the pool owner has taken reasonable steps to lessen the noise.

Pool Noise and Local Laws

Additionally, many municipalities have specific rules about noise levels and "quiet hours." These ordinances might set volume limits or restrict certain types of noise during specific times. These rules can apply to both noisy pool equipment and pool parties.

Pool equipment that violates these local laws can be reported to the city or county code enforcement agency. They can investigate reports and take a wide range of actions to address the problem.

If you live somewhere with a homeowners association (HOA), there will typically be even more localized noise, pool, and nuisance regulations. For example, many HOAs prohibit above-ground pools.

Duty of Care and Negligence

Depending on the circumstances, you may also have a claim for negligence.

Pool owners have a "duty of care" regarding their pools. A breach of this duty can result in a negligence claim. State law governs these duties and the associated requirements. They typically include a duty to keep private pools and pool areas reasonably safe, especially to prevent accidental access by children.

Most states have laws requiring specific types of fencing, self-closing and self-latching gates, and sometimes even pool alarms. Local governments and HOAs often add stricter requirements.

If a pool owner fails to meet these state and local safety requirements, they’ve likely breached their duty of care and could be held liable for the harm caused by their negligence.

Young Children and Pools

It’s not unusual to see both private nuisance and negligence claims related to young children.

Kids typically make noise around pools. A certain amount of splashing, shouting, and laughing tends to be expected and generally tolerated. But if it's excessive, frequent, and at unreasonable times, it could be considered a nuisance.

Similarly, a pool that isn’t properly fenced and secured can be extremely dangerous. This is particularly true as lifeguards are almost never present at home pools to monitor children who might not understand the associated risks.

Because improperly secured pools can attract these children, we sometimes refer to them as an "attractive nuisance.”

If a pool owner fails to meet safety requirements, they can face increased liability for related accidents. In such situations, injured parties could likely bring both a nuisance and a negligence claim against the pool owner.

Pool Drainage Issues

Water from a neighbor’s pool can also give rise to legal claims. Owners generally need to drain their pools at times for cleaning or maintenance. Pools can also overflow from heavy rain or if someone forgets to turn off a fill hose.

If the water from your neighbor's pool is regularly draining or overflowing onto your property, it may cause damage. This could include:

• Flooding your yard
• Damaging landscaping
• Eroding soil
• Seeping into your basement or foundation

Not only could these drainage issues lead to negligence and nuisance claims. They can also form the basis for a trespass claim. This is because property owners have the right not to have their property invaded by neighbors’ water.

Similarly, if the issue interferes with your right to use an easement, you may have a trespass or nuisance claim. These issues tend to be more common with in-ground pools.

Issues With Neglected Pools

A dirty or neglected pool can be an eyesore and a health hazard. It may be green, slimy, or full of debris, which could be more than just an aesthetic problem. Stagnant, dirty water can also produce unpleasant odors and invite mosquitoes, which can carry diseases, bacteria, and algae.

As such, a severely unkempt pool can be a private nuisance. If it’s bad enough to be a breeding ground for pests or poses a broader health risk to the community, it might be considered a "public nuisance."

A neglected pool may also result in negligence liability if it violates duties of care established by state or local regulations and HOA rules.

What Can You Do About a Neighbor's Problematic Pool?

If your neighbor’s pool is causing issues, you may want to try resolving the matter in person by initiating a dialogue with the owner. But there are several reasons this may not be practical.

Depending on the state and local protections available, reporting the problem to one or more of the following agencies may be the right first step:

• Code enforcement
• Local health department
• HOA board

But if you have legal questions or are unsure of the exact legal rights and responsibilities involved, consider speaking with a real estate lawyer before taking action. An attorney familiar with local laws can review the facts of your situation and recommend the next best steps.

In any case, document everything. Keep detailed records of when the problems occur. Take photos or videos of drainage, dirty water, and damage. This evidence can be critical if you need to take legal action.

Resolve a Pool Issue: Get Legal Advice

An attorney who’s well-versed in local real estate laws can help you understand your options if your neighbor's pool is affecting the peaceful enjoyment of your home. They can explain the remedies and protections available to you under the circumstances. That way, you can determine the best way to proceed.

In some cases, you’ll want a civil litigation attorney experienced in your jurisdiction's land use laws.

FindLaw’s dedicated directories of real estate lawyers and civil litigation attorneys make it easy to connect with local experts. Just click on your state, then city, to view contact and ratings information for local attorneys. Enlist the help of a trusted advocate. They can be an important ally as you move forward.