Is your neighbor's noisy pool pump disturbing your ability to enjoy some peace and quiet in your home? You might be able to bring a nuisance suit depending on your situation.
This article discusses what qualifies as a nuisance and the legal options you have if you believe your neighbor's pool pump — or other property/condition — is a nuisance.
A nuisance occurs when someone interferes with your right to enjoy your property. But note, not all disturbances qualify as nuisances.
Before a court grants a nuisance action, it considers the following factors:
A judge will use the reasonable person standard when determining whether an interference is substantial. This means that, if you are a sensitive person, you will not be able to bring a nuisance claim unless you can show the disturbance would also affect a reasonable, average person.
The court uses a balancing test to see if an interference is unreasonable. The court will usually balance between the benefit your neighbor gets from the interference and the cost of the interference to you.
It depends. First, you have to see if there is a zoning ordinance that applies to your area. If there is no such ordinance, then you have to show the disturbance is substantial for an average person. You also need to show that the burden the noisy pool pumps are putting on you outweighs the benefits your neighbor gets from using them.
A nuisance can be either private or public. A private nuisance occurs when you, as a property owner, cannot enjoy and use your land because of your neighbor's interference. A public nuisance, on the other hand, involves action by the defendant that would affect the health and welfare of the general public.
If your neighbor has created a nuisance on their property, you can either sue for damages or injunctive relief. If a court grants your injunction, your neighbor will be forced to stop using the pool pumps or other property. You can also ask for a temporary restraining order that would force your neighbor to refrain from using the pumps until the court decides on the case.
You have a right to peacefully enjoy your property. If you feel like someone is violating this right by being a nuisance, or want to know more about your potential remedies, get help from a personal injury attorney.