One of the most common neighbor disputes in Massachusetts is for noise. Neighbors who are rowdy at night can make it difficult to sleep and can drastically reduce your quality of life. Even if the noisy behavior is during the day, it can still be extremely aggravating.
Invoking your rights and enforcing your local noise ordinance is not always easy, especially if law enforcement is not helping you. The neighbor dispute lawyers at the Katz Law Group can help.
Noise Ordinances
Towns and cities in Massachusetts generally have noise ordinances that forbid loud and disturbing noises during the nighttime, often between the hours of about 9pm to about 7am. Violations are generally punishable by a ticket and a fine, which often increases for subsequent offenses.
However, the overnight hours are also typically when fewer law enforcement officers are on the rounds, so noise issues are often left unenforced. This is especially true if the noise violations are severe but sudden or irregular, like brief but intense bursts of fireworks in residential areas. In many cases, it is up to the individual to file a private nuisance or a public nuisance lawsuit against the perpetrators.
Public and Private Nuisance Law
Typically, noise ordinance violations constitute a public nuisance. In Massachusetts, a public nuisance is conduct that interferes with the rights of the public, or people in general, rather than a specific person. Because local noise ordinances aim to protect the public in general from loud conduct when most people are asleep, violations of those ordinances tend to be treated as public nuisances.
However, there are instances where a neighbor is specifically targeting a person with their loud behavior. In these cases where other people are unaffected by the neighbor's conduct, it can amount to a private nuisance. In many cases, it can be both a private and public nuisance.
According to neighbor dispute lawyer David Katz, “The difference between public and private nuisance law is important because, typically, you can only recover financial compensation if it is a private nuisance. However, both can lead to an injunction against the perpetrator, which is a court order to stop their obnoxious conduct.”
What to Do
If someone living nearby is being noisy in ways that substantially interfere with your ability to enjoy your property, you should:
- Look up your municipality's noise ordinances to understand when it is being violated
- Document each and every violation of the noise ordinance that you are aware of, or every time your neighbor's noisy behavior substantially interferes with your life at home
- If it is safe and you have not done so, bring the issue to your neighbor's attention and ask them to stop
- If the behavior persists, file a police report or go to your town's code enforcement office with your documented violations and ask them to intervene
- Talk to a neighbor dispute lawyer for further legal action, such as filing a cease and desist letter or a nuisance lawsuit
Massachusetts Neighbor Dispute Lawyers at the Katz Law Group
If a neighbor's noise is negatively affecting your life in central Massachusetts, call the neighbor dispute lawyers at the Katz Law Group at (508) 480-8202 or contact them online.
