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My parents live in their own home and have been there over 40 years.
Three years ago a family moved in across the street with two boys
around 20 years old. The boys and their friends come and go at all
hours of the night, honking horns, playing loud music, etc. My parents
have had the police talk to them, but they don't stop. Etc. & etc.
My parents are in their 70's, and just when they should be able to
enjoy their home in peace (at least at night), they can't because of
inconsiderate, noisy neighbors. To say the least, I feel sorry for
them. They have talked to other neighbors who also agree about the
noisiness of the people across the way, but that seems to be the end of
it. They endure the racket. My parents also endure it, call the police
when they can't take it, and things "settle" for a few days.
They've been going through this cycle now for over two years. Isn't
there something more they can do? Can't they sue because they are not
able to enjoy their property?
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pickwick wrote:
My parents live in their own home and have been there over 40 years.
Three years ago a family moved in across the street with two boys
around 20 years old. The boys and their friends come and go at all
hours of the night, honking horns, playing loud music, etc. My parents
have had the police talk to them, but they don't stop. Etc. & etc.
My parents are in their 70's, and just when they should be able to
enjoy their home in peace (at least at night), they can't because of
inconsiderate, noisy neighbors. To say the least, I feel sorry for
them. They have talked to other neighbors who also agree about the
noisiness of the people across the way, but that seems to be the end of
it. They endure the racket. My parents also endure it, call the police
when they can't take it, and things "settle" for a few days.
They've been going through this cycle now for over two years. Isn't
there something more they can do? Can't they sue because they are not
able to enjoy their property?
There are two principles here. One is that people often don't stop
annoying and (depending on local ordinance) illegal behavior unless it
costs them money. The other is that you have to be willing to take up
for yourself. This means that if you're not willing to sign a complaint
in the municipal court, you can't expect much to happen. We had many
people who complained about neighbor dogs barking but were unwilling to
sign a complaint, since the dogs may not be barking by the time an
officer gets by. For their unwillingness to take part in the solution,
they get to listen to barking dogs.
First, go to the police. Don't call. Go to the police department.
Explain the ongoing problem. Ask if it violates an ordinance. If it
does, ask if they will begin citing those making the noise. If you don't
get some reasonable action, complain to the City, preferably the
councilperson for that part of town, the mayor and the city manager.
Demand any ordinance be enforced.
If necessary, go to the court and sign a complaint, citing a particular
day and time and a particular person. At the time it occurs, call the
police again. Discover the name of the officer who answers the call and
provide the name to the court when you file the complaint. Visit the
city attorney and see if they are prepared to try the cause.
If this works, do it every time it gets clearly beyond reasonable. Keep
it to the worst times, when even the police will agree that it's entire
unreasonable noise, so the old folks don't just look like cranks.
You can also just resolve to call the police every time it happens. Just
make sure it's unreasonably loud and not just momentary (you have to put
up with some noise when you live in a city) and after any time specified
by ordinance, which is common. The rest, you likely have to put up with.
--
Gerald Clough
"Nothing has any value, unless you know you can give it up."
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On Mon, 16 May 2005 08:57:01 -0400, "pickwick" <trmath@gmail.com>
wrote:
My parents are in their 70's, and just when they should be able to
enjoy their home in peace (at least at night), they can't because of
inconsiderate, noisy neighbors. To say the least, I feel sorry for
them. They have talked to other neighbors who also agree about the
noisiness of the people across the way, but that seems to be the end of
it. They endure the racket. My parents also endure it, call the police
when they can't take it, and things "settle" for a few days.
Most jurisdictions have code enforcement officers and/or noise
abatement laws that apply. Police often are not the best people to
call in this type of situation.
If your parents neighborhood has CC&Rs, you might file an action for
injunctive relief. Or they migh consider getting some of the
neighbors together to file an abatement of nuisance lawsuit.
What you really should do is contact a real estate attorney in your
area.
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My parents live in their own home and have been there over 40 years.
Three years ago a family moved in across the street with two boys
around 20 years old. The boys and their friends come and go at all
hours of the night, honking horns, playing loud music, etc. My parents
have had the police talk to them, but they don't stop. Etc. & etc.
They've been going through this cycle now for over two years. Isn't
there something more they can do? Can't they sue because they are not
able to enjoy their property?
They can sue because they don't like the color of the kids' cars.
What they really need to do is keep a *detailed record* of the specific
things being done by the neighbors, by date and time. This will provide a
written record to the court.
While your parents are certainly entitled to enjoy their property, there's
also a certain amount of crap you have to put up with to be a good neighbor.
Keeping a record will show that what they have to put up with exceeds that.
Also note that the term "quiet enjoyment" does *not* refer to *sound*, but
rather, to the condition of the title.
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On Mon, 16 May 2005 08:57:01 -0400, "pickwick" <trmath@gmail.com>
wrote:
Can't they sue because they are not
able to enjoy their property?
Yes, they can. If they do it in small claims court, they won't need
a lawyer.
Noise cases often turn on "he said she said", so they should be sure
to have plenty of witnesses. Better yet, they could recruit
neighbors as co-plaintiffs (parties to the suit).
--
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com/
"I feel a wave of morning sickness coming on, and I want to
be standing on your mother's grave when it hits."
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Scott Hedrick wrote:
They can sue because they don't like the color of the kids' cars.
What they really need to do is keep a *detailed record* of the specific
things being done by the neighbors, by date and time. This will provide a
written record to the court.
Yes. Also consider having a video record with accurate date and time
stamps. Do a test and make sure that the video record accurately
depicts the problem. Please note, I am *not* talking about a hidden
camera that would run you afoul of wire-tap laws; but you should check
with a lawyer in your jurisdiction to find out what is legal.
JH
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