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I have a neighbor that plays his music very loud. We have 3 acres so noise is intrusive onto our property to the point that we cannot be outside to work or enjoy the property. I am wondering if we could sue him for invasion of privacy, mental anguish, physical and mental stress, for enough money that he would have to sell his property to pay the award in the case.
Optional Information: Country relating to Question: United States State (if USA): Washington Already Tried: We are sending him a copy of the county noise ordinance. Of which he is in violation of.
Hello,.If the neighbor is interfering with your use and enjoyment of your property, you could file suit against them for "private nuisance". 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..Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred..Now whether you would be able to prove damages high enough to force him to sell would be up to the judge or jury who heard the case and made an award. But if you were awarded a judgment, you could file a lien on the property and force a sale if he didn't pay it..
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Thanks.
Barrister
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Experience: 12 yrs practice, Realtor, Landlord 23+ yrs