Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

our neighbor starts in at 6 00 in the morning pounding nails…

Customer Question
our neighbor starts in at...
our neighbor starts in at 6:00 in the morning pounding nails and sawing boards for the garage he is building. Hoe early can he start?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
6/24/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



How loud is he? Does the noise bother just you or other neighbors as well?





Ask Your Own Legal Question
Customer reply replied 8 years ago
very loud, others
Lawyer: Ely, Counselor at Law replied 8 years ago
I'm afraid that the criminal law in CA will likely not apply here. I am guessing that you might have already even tries to call the police, but they said to take this matter to civil court. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: private and public nuisance

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation - including a permanent injunction. You can also ask for a temporary restraining order while the case is pending. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.


See here for more:http://www.techlawjournal.com/glossary/legal/nuisance.htm
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”





























Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I need a lawyer to answer two questions for me. Not yet.
I need a lawyer to answer two questions for me. JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: Not yet JA: Where is the property located? Customer: Santa Mon… read more
Sean K
Sean K
Attorney/Member
JD
970 satisfied customers
My neighbors are extremely afraid of dogs and I have 2-100lb
My neighbors are extremely afraid of dogs and I have 2-100lb labs that are house dogs. They are only in the yard to do their business and to park at outside activity, especially when their lawn guys a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I need help. i live in SD, small rural town. Have mayor & city
I need help. i live in SD, small rural town. Have mayor & city council/6 members. i have outstanding issue re setback violation. my neighbor and i both have homes on same property: he has north 77 fee… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I live in an upstairs 2 bedroom condo, my neighbor, his girlfriend
I live in an upstairs 2 bedroom condo, my neighbor, his girlfriend and new born in a one bedroom below they also have a basement. The place in not insulated well as I can often hear their conversation… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have lived in the same apt since 1973. The building went
I have lived in the same apt since 1973. The building went coop, approx 1982. I had the same neighbors upstairs during all of this time until about a year ago. My new neighbors make noise late at nigh… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My husband is in a band and practices for a few hours once
My husband is in a band and practices for a few hours once or twice a week in our detached garage referred to as the "Band Room". The band practice occurs on Tuesdays from 6:00 to 8:00. or somtimes on… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
background: 1) I live alongside a medium sized creek near
background: 1) I live alongside a medium sized creek near Rochester NY. In my initial inquiries at the town office I learned that the creek has a protected status, [more on that later]. 2) About a yea… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What can I do about a neighbor who is doing renovations and
What can I do about a neighbor who is doing renovations and it has been going on for about five weeks or so. I have had to put up with my house shaking, moving and loud noise late at night , early in … read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
My dog slipped past me and out the garage door. He saw the
My dog slipped past me and out the garage door. He saw the neighbor woman and ran over to her (between my yard and her yard) and jumped on her. She says he bit her. My dad saw the whole thing and says… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
A Navy Commander family that moved in to a rental home in the
A Navy Commander family that moved in to a rental home in the neighborhood has been throwing rocks at my home, glass in the yard and pellets against my windows all night because of a request that they… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
Have son who plays drums, he practices in garage We have never
Have son who plays drums, he practices in garage We have never allowed him to play before 8:00 am and after 9:00 pm which are within the city's municipal code stated hours. What are are rights to allo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
My husband and I live in Tokyo on a special assignment. We
My husband and I live in Tokyo on a special assignment. We have a home in Virginia. I just learned that our next door neighbor built a huge garage, which is larger than a small home. It would be next … read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
we own an older home in polk city iowa. Our neighbors and I
we own an older home in polk city iowa. Our neighbors and I did have a shared detached garage, our garages were detached from our homes but attached to each other. Yhat is until about a year ago when … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am expriencing a noise problem with my neighbor. I live in
I am expriencing a noise problem with my neighbor. I live in a 3 story condo unit. My unit is on the top floor. Below me live a couple who are very loud. When I first met them last year when I moved i… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
My son is in a band and they practice at our house between
My son is in a band and they practice at our house between 1:30pm-3:30pm 3-4 days a week. They play in the garage with the doors closed unless temps reach over 100. What are our rights as homeowners t… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I just purchased a home in Salt Lake County. The neighbor
I just purchased a home in Salt Lake County. The neighbor next door is operating his business from his home which includes snow removal, among other things. They have several work trucks with shovels … read more
MStrisik
MStrisik
Doctoral Degree
281 satisfied customers
I just moved into a condo in Seattle, WA with a noisy upstairs
I just moved into a condo in Seattle, WA with a noisy upstairs neighbor. I have asked him to stop running the washing machine, vacuuming, stomping (him or his 90 pound dog), and making noise after 10:… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
Deed Restrictions -Can owner be forced to mve shed and garag
I purchased vacation home last year, no mortgage survey required in that county. Deed restrictions limit buildings to no closer than 10 feet of property lines. Neighbor is correct in stating my shed i… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x