Real Estate Law
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
What type of noise is involved and when is the noise occurring? Have you attempted to contact the police with regard to this problem?
I look forward to assisting you as soon as I have received this information. Thank you.
It's a noise from a TV. My downstairs neighbor had it on all night last night. I could still hear the TV this morning at 5pm, and I was wearning ear plugs, by the way.
It's been an old problem and the police has been called in at least twice before, the most recent being Feb. of this year. The current situation with the TV has been going on for about 3 weeks.
Hello again, and thank you for the additional information.Yes, a suit may be brought under the theory of "nuisance". The relevant code section states as follows:3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.Here is a link to that section:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3479-3486Since the neighbor's use of their property appears to be interferring with the comfortable enjoyment of your property, the law would typically provide you with grounds to pursue legal action against the neighbor.If the neighbor agrees to mediation, that is often a more useful means of resolving such disputes and can be more cost-effective as well.If you do not wish to look for an attorney or mediator to assist you, then you could pursue legal action on your own through small claims court.Here is a link to that site:http://www.courts.ca.gov/selfhelp-smallclaims.htm
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