Everyone has the right to use and enjoy their own property. Inevitably, though, one person's use of their property infringes on another person's enjoyment of their own. Resolving these neighbor disputes is the realm of nuisance law.
There are 2 types of nuisances:
- Private nuisances
- Public nuisances
The vast majority of nuisance claims are for private nuisance. However, the attorneys at the Katz Law Group help people deal with both in Massachusetts.
What is a Private Nuisance?
A private nuisance is a property condition or an activity that, while it does not constitute a physical trespass, is substantial and unreasonable enough to impair someone else's enjoyment of their own property.
Some activities that can amount to a private nuisance may include:
- Shining a light into a neighbor's bedroom
- Playing extremely loud music at night
- Shooting off fireworks
- Heavy vehicle traffic
- Loud and constant industrial or business noises, like loading and unloading trucks or rock blasting
These are all specific things that a person can do to annoy others in the area. However, there are also some property conditions that can amount to a private nuisance. These can include:
- The release of noxious chemicals into the air in neighbors' property
- Bad odors from a farm
- Creating a tourist attraction that draws heavy traffic, like an elaborate Christmas display
- Letting property dilapidate until it has become an eyesore
- Collecting items on the property that annoys neighbors
Property owners are not the only people who can suffer from a private nuisance. Depending on the circumstances, nuisance claims can also be filed by:
- Tenants
- Owners who are out of possession of the property
- Guests
- Businesses
- Commercial tenants
However, Massachusetts has a high standard for what amounts to a “substantial and unreasonable” use of property. Minor inconveniences do not amount to a private nuisance. Furthermore, the nuisance must be bad enough that it would negatively impact an ordinary person.
According to neighbor dispute lawyer David Katz, “Generally, Massachusetts nuisance law compares the severity of the nuisance to neighbors with the utility of the activity to the property owner. If the activity is annoying, but also fundamental to the property owner's livelihood, it can be difficult to prove that it is a nuisance. When the property owner acts solely to annoy his or her neighbor, it is more likely to be found to be an unreasonable use of property and a nuisance.”
What is a Public Nuisance in Massachusetts?
A public nuisance is a wrongful use of property that unreasonably interferes with the rights of the general public, rather than a specific person. Examples include:
- Blocking a public roadway
- Dumping chemicals into a waterway or river
- Releasing air pollutants that cause respiratory problems
- A business making a lot of noise, especially if it is after hours or at nighttime
Many of these public nuisances violate environmental and other health and safety laws. Public nuisances are usually dealt with by the government enforcing those laws, rather than by a person or business filing a nuisance claim in court.
However, there are circumstances where lawsuits for a public nuisance can be filed by individual people or businesses. The interference to these people or businesses caused by the nuisance are often said to differ in kind, rather than in degree, to what the rest of the public has to deal with. Public nuisance lawsuits can also come from the government's refusal to enforce the law and stop the nuisance.
Compensation Available for Victims
People suffering from a neighbor's unreasonable conduct can file a nuisance claim. This often begins with a cease and desist letter. If the annoyance does not stop, it can turn into a lawsuit that may go all the way to trial.
If successful, victims of the nuisance can get:
- A court order that abates, or stops, the nuisance
- Compensation for damages and losses caused by the nuisance
- Attorneys' fees and court costs
- Punitive damages, if the annoyance was severe and deliberate
The court order, also called an injunction, is a core component of the compensation package for most victims. Without it, the nuisance is unlikely to stop in the future, leaving the victim largely where they were before they filed the lawsuit. However, there are some instances where the party causing the nuisance is unable to stop it without serious consequences, like a large farm that can only stop the bad odors emanating from it by going out of business. In these cases, the court may order the party causing the nuisance to pay compensation for future harm caused by the continuing nuisance.
That compensation is to cover all of the different ways that the nuisance has negatively impacted the life of the victims and plaintiffs. In some cases, this can be substantial, especially if the nuisance led to the victims becoming unable to sleep, which then led to significant health issues, or if the nuisance itself directly caused health problems, like a neighboring factory's air pollution. Victims can also recover compensation for their emotional distress, which can be considerable in some cases.
Getting your attorneys' fees and court costs covered can also be a relief, especially when the defendant's conduct was deliberate and designed to annoy you. When their unreasonable behavior is the only reason you are in court, some judges decide to cover your costs after a successful case.
Massachusetts Nuisance Law Attorneys at the Katz Law Group
The lawyers at the Katz Law Group help victims of nuisances in Marlborough, Framingham, and Worcester, as well as in Norfolk and Middlesex Counties and the rest of central Massachusetts. With their help, numerous victims of both public and private nuisances have invoked their rights, protected their right to quiet enjoyment of their property, abated nuisances, and recovered compensation for their losses. Call their law office at (508) 480-8202 or contact them online.
