Super Annoying Neighbors

[h2opilot]

I moved into a really great neighborhood about 2.5 years ago. Everything was great! I love all my neighbors and we're all good friends.

My only HUGE proglem is with the church behind me. They have a basketball court that they use at night now about 3 times a week until 8 or 8:30 PM. Every Friday is skate night. They drag out the ramps and skate unitl 8pm or so. This would not be a problem but I can hear these activities IN MY HOUSE!!!!!

I am not one to take away anyone's fun but I do have to pay to live in my house and I believe that an occaisonal noise is fine but this is getting way too frequent.

The police say they can do nothing. I've asked them nicely via letter to stop making so much noise and to please move the activities into daylight hours instead of night.

I've read that I may be able to take them to small claims and ask for damages for the loss of enjoyment of my property. (I guess the idea is that if they have to write a check they'll be more considerate).

DOES ANYONE HAVE ANY THOUGHTS OR IDEAS TO HELP ME?? I am going crazy!!!

Thanks!

 

[Michael Wechsler]

I'm sorry to hear about the problems you are having with the location, location, location of your house! Where did you read that you have a cause of action against the church for the enjoyment of your house? It would seem that if zoning is properly complied with, then they would be able to hold activities up until a reasonable hour. Perhaps one of the reasons the house was available (and perhaps at a good price) is because of this fact that it can function as a church and that includes social activities.

Originally posted by h2opilot
I moved into a really great neighborhood about 2.5 years ago. Everything was great! I love all my neighbors and we're all good friends.

My only HUGE proglem is with the church behind me. They have a basketball court that they use at night now about 3 times a week until 8 or 8:30 PM. Every Friday is skate night. They drag out the ramps and skate unitl 8pm or so. This would not be a problem but I can hear these activities IN MY HOUSE!!!!!

I am not one to take away anyone's fun but I do have to pay to live in my house and I believe that an occaisonal noise is fine but this is getting way too frequent.

The police say they can do nothing. I've asked them nicely via letter to stop making so much noise and to please move the activities into daylight hours instead of night.

I've read that I may be able to take them to small claims and ask for damages for the loss of enjoyment of my property. (I guess the idea is that if they have to write a check they'll be more considerate).

DOES ANYONE HAVE ANY THOUGHTS OR IDEAS TO HELP ME?? I am going crazy!!!

Thanks!

 

[h2opilot]

http://www.tenant.net/Other_Areas/Calif/misc/noise.html#sue

If all else fails, you can get your neighbor's attention-and maybe some money-by suing in small claims court. You can sue your neighbor for nuisance if your neighbor's noise unreasonably interferes with your enjoyment of your property. In the lawsuit, you ask for money to compensate you for the interference with your right to peacefully enjoy your home.

Small claims court is easy and inexpensive, and you don't need a lawyer. You will need to show the following:


There is excessive and disturbing noise.
Your enjoyment of your property is diminished.
You have asked the person to stop the noise (your letter should be enough to prove this).
To prove your case, you can use police reports, witnesses, recordings, your own testimony and the testimony of neighbors or other witnesses.

The amount you'll want to ask for will depend on how much the noise bothered you. Did you lose sleep? Were you unable to carry on your usual activities, such as reading, playing music or talking to friends? Decide on a reasonable dollar amount per day, and multiply that figure by the number of days you've been seriously bothered. The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states.

 

[Michael Wechsler]

This is true but if zoning permits the activities until a certain hour then there is no case to be made. If there is a residence next to a bakery that has deliveries made by big trucks during the day which cause more noise than a property owner would expect if they lived in a purely residential neighborhood, there is little remedy provided that the noise is not excessive for the purpose that is permitted. The zoning law is what permits the bakery to perform as such next to the home.

In this instance, the Church may have a right to conduct such social activities until a certain hour of the evening. Doing so until 8pm doesn't seem unreasonable, just an annoyance. Doing them three times a week might not be permissible or there may be the requirement of a permit to do so -- I don't know. The best source would be from your local housing association to see what kinds of restrictions apply. I wouldn't run to court unless you first checked the law on whether the Church actually has a right to do what they are doing. If they do then the answer is to go to the appropriate authority to complain about the problem and change the permit/law because the court would seem powerless to provide a remedy.

Originally posted by h2opilot
http://www.tenant.net/Other_Areas/Calif/misc/noise.html#sue

If all else fails, you can get your neighbor's attention-and maybe some money-by suing in small claims court. You can sue your neighbor for nuisance if your neighbor's noise unreasonably interferes with your enjoyment of your property. In the lawsuit, you ask for money to compensate you for the interference with your right to peacefully enjoy your home.

Small claims court is easy and inexpensive, and you don't need a lawyer. You will need to show the following:


There is excessive and disturbing noise.
Your enjoyment of your property is diminished.
You have asked the person to stop the noise (your letter should be enough to prove this).
To prove your case, you can use police reports, witnesses, recordings, your own testimony and the testimony of neighbors or other witnesses.

The amount you'll want to ask for will depend on how much the noise bothered you. Did you lose sleep? Were you unable to carry on your usual activities, such as reading, playing music or talking to friends? Decide on a reasonable dollar amount per day, and multiply that figure by the number of days you've been seriously bothered. The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states.

 

[NYClex]

that is true, I once fought a similar fight against a dairy plant and it was very hard to win.

If their activity is only until 8pm and they observed all the zoning laws (being a church they can even be exempt of them, depending on the state law), then you almost have no chance.

You have to prove that the noise is beyond what is (a) normal in circumstances like this and (b) unbearable for you. You have to get official readings with noise meters, and so on and so on.

What you rather should do is looking into ways to reduce the noise exposure on your property, like a sound absorbing fence. Then you should approach the church and try to make them bear some of the cost. Of course they will probably be more inclined to do so if you haven't sued them first