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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 34832
Experience:  16 years practicing attorney
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A neighbor across the alley from me has a child with Downs

Customer Question

A neighbor across the alley from me has a child with Downs and is allowed to yell at the top of his lungs for anywhere from1 hr. To 5 or more. Only way to stop it is to yell knock it ofF. he yelling stops and only then. Now the parents, who won't even close their windows are saying a lawyer said the child can yell as long and as loud as he wants since he has special needs. Yes, no, what can, if anything, be done.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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The parents are wrong here. Having a special needs child doesn't give them a free pass to interfere and trample the rights of all the other owners and interfere with their use and enjoyment of their property. So here, if you can get evidence of the child's behavior, like video recording him for a while when he is doing this on a couple different occasions, then you could file suit against them for "private nuisance"

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A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So if their child's actions are interfering with the other residents using and enjoying their properties, then this is the textbook definition of a private nuisance.

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This could also be considered a breach of the peace and the police could be called out to witness this and potentially cite the parents for not controlling their child so as to allow him to create a public disturbance and a breach of the peace.

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thanks

Barrister

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