Is Your Neighbor a Legal Nuisance?

Everyone has had one of those neighbors. Loud noises, big parties, or dogs that bark all night. Nuisance neighbor disputes account for many cases in small claims courts today. But most of these lawsuits fail because the homeowners don’t know what they can ask for in a nuisance lawsuit.

So, what is a private nuisance? When does ordinary noise or light become excessive? How far can one person go in asking a neighbor to stop doing something on their own property?

State nuisance laws answer some of these questions, but they don’t prevent all neighborhood disputes. City ordinances, zoning laws, and other regulations also provide guidance. Even homeowners’ associations (HOAs) try to address the legal issues surrounding nuisance neighbors.

In this article, we’ll explain what makes an annoying neighbor into a legal nuisance. It also describes how to complain about the nuisance to stop the neighbor’s offending behavior.

If you’re having issues with your neighbors, the best thing to do first is just talk to them. You might be able to sort things out on your own. If they don’t cooperate, you might get your HOA or city officials involved. You could even try mediation. If that doesn’t work, consider contacting a local real estate attorney. They can explain what local laws apply and walk you through your options.

What Constitutes a Private Nuisance?

Neighborhood nuisance laws involve disputes between private property owners. Nuisance law is a tort, a civil wrong remedied by monetary damages or a civil injunction.

When you purchase or rent real property, you have certain rights. One property right is the right of quiet enjoyment of your property. Anything that prevents you from using your property as you would like may be a nuisance.

Common types of nuisance behaviors include:

• Excessive noise, such as loud music, loud children, and barking dogs
• Foul odors from unattended septic tanks or overflowing garbage
• Pests and vermin attracted to trash in the yard

To have a legal action against a neighbor, the nuisance must be substantial and unreasonable. A single loud party is annoying, but it is not a nuisance. If the children only run and scream for an hour or two on weekends, you may need to enlist other neighbors to prove your case.

Legal Actions for Private Nuisances

In a civil action for nuisance, people typically request an injunction against their neighbor. Injunctive relief is a court order requiring someone to stop doing something they may otherwise legally do.

For instance, if your neighbor likes to play very loud music 14 hours a day, you could request an injunction ordering them to lower the volume or reduce the number of hours they play the music.

To prove that something is a nuisance and obtain injunctive relief, you must show the court:

• You have a legal right to use the property. You must own the property, legally rent it, or have another recognized right to use the property.
• The neighbor’s acts cross the property line in some manner. Nuisance law acknowledges that sounds, smells, and light can cross property lines. However, things that go on inside the neighbor’s house or that you cannot see or hear without specific effort are not nuisances.
• The neighbor’s acts interfere with your use and enjoyment of your own property. You cannot sue on behalf of another neighbor.
• The acts must cause a substantial and unreasonable interference with your use and enjoyment.

"Substantial" generally means offensive, chronic, or excessive. "Unreasonable" is what a reasonable person would find excessive in the same situation. Each state will have its own case law that illustrates what is considered substantial and unreasonable.

For instance, many people would agree that raising a herd of goats in a suburban backyard is an unreasonable nuisance. Fewer people would agree that an occasional pool party is unreasonable. You must show the court how the situation impacts you compared to anyone else in your situation.

Attractive Nuisance

An attractive nuisance is a unique type of neighbor problem. It is a maintained feature of the property that compels others, usually children, to enter the property. Property owners must take reasonable steps to avoid these features posing a danger or causing injury. 

Swimming pools are a common example. The property owner may take good care of their pool in terms of maintenance and appearance. But if they don’t have proper fencing or gate locks, the pool may attract neighborhood children. Children who trespass to swim could get hurt or drown. Parents may worry about an unsecured pool, so they might want the owner to secure it before a disaster occurs.

Public Nuisance

A public nuisance generally involves a corporate or government action. Public nuisances involve actions that affect large numbers of people over a wide area.

Public nuisance actions require the public to show:

• An act or omission by the company or government agency that caused the nuisance
• An unreasonable interference with the public enjoyment of the affected area. Courts balance "unreasonableness" against any benefit from the agency’s act or omission
• Substantial harm to the general public due to the interference
• Causation between the agency’s act or omission and the public harm

Public nuisance claims often involve air or water pollution, unreasonable obstruction of access roads, or construction noises during evening hours.

Injunctive relief and abatement are common responses to public nuisance lawsuits. If the case is especially egregious, courts can award punitive damages, like those ordered in the Deepwater Horizon oil spill.

Laws Impacting Nuisance Lawsuits

In general, courts apply common law when analyzing nuisance lawsuits. If there are no state or local laws governing a situation, courts use case law to determine what should happen in a particular situation.

Since the rule in a nuisance case is “substantial and reasonable interference,” judges must consider what is “unreasonable” in this situation compared to other similar situations. They’ll also consider other factors, including those discussed below.

State and Local Zoning Restrictions

States, counties, and cities create zones for different types of residences and industries. Agriculture, manufacturing, single-family, and multi-family building all take place in separate areas. States and cities do this for safety and health reasons. Companies should not build sewage-treatment plants upstream of a family housing development.

Zoning regulations can impact nuisance disputes if neighbors have violated the requirements. For instance, if a neighbor decides to start raising dairy goats in their backyard without checking the zoning regulations, the court could evict their unlawful dairy farm as a nuisance.

HOA Covenants and Restrictions

Homeowners’ association covenants, conditions, and restrictions (CCRs) can limit what goes on in their neighborhoods beyond the state and local regulations.

For example, if an HOA wants to restrict parties to weekend hours between 1:00 and 10:00 p.m. and all HOA members agree to this, it is entirely legal. Courts will enforce HOA restrictions that follow city filing requirements.

Coming to the Nuisance

When buying a house, homeowners should use care and investigate the surroundings. The legal doctrine known as “coming to the nuisance” can limit your ability to sue if you move next door to an obvious and well-known issue.

A “coming to the nuisance” defense has four elements:

• The plaintiff knew of the nuisance before moving to the location
• The plaintiff voluntarily moved despite knowledge of the nuisance
• The nuisance existed independently of the plaintiff’s move
• The nuisance continued after the plaintiff moved to the new location

“Coming to the nuisance” used to be a complete bar to recovery in private nuisance lawsuits. Today, courts weigh various factors, including the relative fault of the parties, and the benefit of the nuisance versus the harm to the plaintiff and the public if the court removes the nuisance.

“Coming to the nuisance” defenses often involve businesses or environmental hazards, but they can include obvious private nuisances as well. If you purchase a home knowing your neighbor has a dairy goat farm, you may have difficulty proving a nuisance suit in court.

Get Legal Advice from a Real Estate Attorney

Private and public nuisances present complex legal matters. Disputes between neighboring property owners cause major headaches for family and friends.

Before your situation gets too far out of hand, contact an experienced real estate attorney in your area. They can help you find a resolution to your legal question, whether it’s writing a letter to your neighbor, dealing with city officials, or filing a claim in court.