Mary's neighbor, John, played the drums in a rock and roll band. The band, John and the Destroyers, practiced at John's house during the evenings when they were not scheduled for a performance. The practice sessions often last well into the night. The noise was so loud that it shook the windows in Betsy's home. Betsy lost so much sleep as a result of the noise that she was beginning to have trouble concentrating at work. She felt as though she could no longer take it. What are Betsy's options?

The Law

The regulation of noise from any source is governed by state and local law. Sometimes, the rules governing the rental of leased premises also restrict noise levels. Lastly, the rules governing planned unit developments often set forth prohibitions against unreasonable levels of noise. Protections against noise vary widely and must be consulted individually for further details.

Remedies

A wide range of remedies is available to an individual who is troubled by a neighbor's noise. As an initial matter, the parties could try to work the matter out on their own. In that way, the parties could try to reach a workable resolution and still preserve their relationship as neighbors.

An individual troubled by a neighbor's noise also has the option of making a noise complaint to the local police. The police will intervene in the event of a violation of the law.

Also, alternative dispute mechanisms, such as mediation, can help neighbors solve problems. By using mediation, neighbors can work with a neutral third party to resolve their dispute. It is often the case that local police stations, after receiving a large volume of noise complaints, will suggest mediation to the parties. It is a quick, cost-effective way to resolve disputes.

Lastly, legal action remains an available remedy. In order to prevail in a civil action, on a theory of nuisance, a plaintiff must establish that the noise at issue constitutes an unreasonable interference with the property owner's use and enjoyment of his or her property. Unlike attempts to resolve the matter neighbor-to-neighbor, or by way of mediation, initiating a legal action can be quite costly. It also may involve a lengthy proceeding.

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