Our situation is that our neighbor across the street from us considers us a Nuisance (noise) As couples we have both to an arbitrator set up some guidelines and our neighbor is complaining and has a verbal complaint. He has documentation on paper?? We feel we are within our rights....help us !! We live in the Village Central Lake, Michigan we have been in the same location for 41 years doing the same thing over and over, again. Please give us some insight on what we can do??? Thank You, John & Mary,(XXXX last name)
Country relating to Question: United States
State (if USA): Michigan
talking to each other, arbitrator, verbal complaint from him to John
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Can you tell me what is the noise the neighbor is complaining of?
yes, our music is to loud for him. This has been on going since April 2010 and we have complied we also went as far as to take our speakers on our outdoor patio and insulated, garage door so everything is well contained in the garage. The patio is just outside our garage door...we,the arbitrator, and both couples signed an agreement to lower music and the times we have it on
Thank youCan you tell me, has he called the police regarding this? If so how many times and what was the response?
Yes, he has called the Village enforcement numerous times he has called them the first time was arbitrators then the 2nd of July of 2011 he came over to us and said we were way to loud. I called 911 NON-EMERGENCY to file Harassment charges because he just comes over at his will and they went and talked to him and everything again is loud which we got a verbal complaint from our law Officer Scott this morning
Thanksjust a moment please as I type this up...
It would be good to start with a bit of background information on "nuisance"Under the common law, persons in possession of real property (land owners, lease holders etc) are entitled to the quiet enjoyment of their lands. If a neighbor improperly interferes with this right, that can be grounds for damages (money).To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbor paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.So you raise a great question....what about playing music?The answer is covered by the standard of “reasonableness”....the question will be “is your music so loud as to be objectively unreasonable.In your case, if the neighbor can show that your music playing is so loud that an average person would find it unreasonable....then they can hold you liable. If not, then not.It really is as simple as that.So at your hearing, you will want to focus on that concept. Again, reasonableness.While your neighbor has a right to quite enjoyment, so do you. YOu have a right to enjoy your home and your music. But it must be objectively reasonable.Sp, if you are blasting heavy metal with windows open at all hours of the night and your neighbors hose is 50’ away? That is likely going to be held unreasonable.But occasionally cranking up the volume during the middle of the day? Not likely an issue.
How can there be proof of this if he is only supposedly documenting on paperwork???
It may be there is no proof. Now...were I the neighbor, I would use a video camera with sound to record. That would be proof.if they do not have proof? I suspect they may have a tough time proving the music was unreasonably loud.
Law Degree, 12 Years of trial experience
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