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Ellen
Ellen, Lawyer
Category: Real Estate Law
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Experience:  25 years of experience helping people like you.
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Can my neighbor make me take down my windchimes? I live in

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Can my neighbor make me take down my windchimes? I live in a single family house. The chimes were up when the bought the house next door some 10+ years ago, now they have started complaining about them.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,


My name isXXXXX shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am an attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :

To clarify, your neighbor has lived next door for 10 years and the windchimes were not a problem until now? What changed?

Customer:

She moved her studio from the rear of her house to the livingroom. And she says she is getting older and can't sleep.

Customer:

She teaches piano.

WebLaw :

Are you a member of a homeowners association?

Customer:

No

WebLaw :

Thank you.

WebLaw :

It does not appear that the neighbor can't legally compel you to remove the wind chimes

Customer:


That is a double negative. Can she or can she not.

WebLaw :

Sorry for the typo :-) it does not appear that she can compel you to remove the wind chimesThe argument that the wind chimes are disturbing and therefore a nuisance would typically

WebLaw :

fail, since she has lived next door for 10 years without complaint and

WebLaw :

she has changed her usage of her home

WebLaw :

by relocating the studio

WebLaw :

a court will typically not compel a neighbor (you) to change an existing use to accommodate the whims of the next-door neighbor

Customer:

Is there a particular law that can be cited that covers this?

WebLaw :

A person is entitled to use his or her property as he or she deems fit provided no laws are broken. There is not a particular law that states that wind chimes are legal

WebLaw :

The only argument that she could possibly raise would be that you have created a nuisance.

WebLaw :

Since you did not create the situation ( she moved her studio) even if the wind chimes are exceptionally loud, it is unlikely that this would be considered a nuisance

Customer:

What about her comment that now she is older it is interfering with her sleep?

WebLaw :

It is unlikely to be a winning argument due to the fact that the wind chimes have preexisted for 10 years without complaint – it is only now that she has moved her studio that she suddenly is having difficulty sleeping

Customer:

Thank you, XXXXX XXXXX ansewered my question

WebLaw :

It has been my pleasure to provide you with legal information.

Your satisfaction is very important to me. If I have not answered your question completely, please let me know by clicking reply. If you are satisfied with my service, please leave positive feedback even if the law is not in your favor.

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