Attorneys

A nuisance is an unreasonable or unlawful use of property which causes interference or harm to another person or to a person’s property.  For example, a property owner in a neighborhood may be a nuisance to his neighbors by allowing garbage to accumulate which may cause odors or attract wild animals, playing loud music or other noises which cause a disturbance or by using the property to engage in illegal activities.  If a property owner creates an ongoing nuisance neighbors may ask a court to order the property owner to stop the activity.

STEP 1 – Talk to your Neighbor
While this will not prohibit you from going to court a judge will look more favorably on your side if you attempted to work it out yourselves before filing suit.  If the neighbor is not also the property owner you should attempt to contact the neighbor’s landlord.  If you yourself are not a property owner you should contact your landlord as well. Your landlord will not have a legal duty to act to stop the nuisance if they do not own the other property, but they may be able to help.

STEP 2 – Document Your Attempted Contacts
If your neighbor refuses to talk with you do what you can to document their refusal.  You can send a registered letter, bring other neighbors with you when you attempt to talk, or keep a log when you attempt to talk to the problem neighbor.

STEP 3 – Document the Nuisance
In court you must prove that the nuisance exists and you are harmed by it, also, the condition that creates the nuisance also may only be temporary.  If the situation warrants calling the police a police report detailing the condition of the property will be valuable evidence.  Pictures, video, and audio recordings of the property will also be very valuable.  Another good idea is to keep a log, document every time that you were prevented from using your property and how you suffered.  For example, noxious fumes or loud music from your neighbor that prevented you from going outside.

STEP 4 – Determine the Correct Court to file Suit in.
If the nuisance is a minor activity the proper court may be small claims.  Small claims courts usually have different and more informal procedures than a regular court.  If the nuisance is permanent or an ongoing nature a trial court may be the proper venue.  An attorney can help you determine where to bring your action.  Bringing in an attorney may also alert your neighbor that you are serious and may help to curtail the nuisance without having to go to court.

STEP 5 – File the Complaint
Once you have determined the correct court you can file the complaint.  When a complaint is filed most states require three or more copies of the complaint and summons, a summons is a court order requiring a party to answer a petition and appear before the court.  The clerk will stamp all of your copies and give you back at least two, one for yourself and one for service on the other party.

STEP 6 – Serve the Other Party
It is the plaintiff’s responsibility to serve the defendant to their court case. Serving the other party means giving them a physical copy of the complaint you filed against them as well as the summons.  In most states you may serve the other party through the mail or by having another person serve the defendant in person.  In some jurisdictions you may pay a fee to have the Sheriff serve the opposing party.  Most states do not allow the plaintiff to personally serve the other party.  If the neighbor is not also the property owner you may be required to serve the property owner as well.

STEP 7 – File the Proof of Service
Most jurisdictions require the plaintiff to file with the court a proof of service document after the defendant has been served the complaint and summons.  In the proof of service document the person who served the defendant must attest to the service, how and when the party was served.  A proof of service may be a part of the original complaint or may be a separate document.

STEP 8 – Consider Alternative Dispute Resolution
Once the lawsuit is filed you do not have to go forward with it, you may choose an alternative dispute resolution process.  If both parties agree, your case can be decided by an arbitrator, mediator or by binding negotiations.  A benefit is these methods are less expensive and time consuming than going to court.  You may also still be entitled to have an attorney represent you.

Neighbors do not have to live next to an annoying or dangerous person.  The law grants to each person the right to the “quiet enjoyment” of their property.  If someone acts to prevent you from using the full potential of your property you may have the right to go to court to stop them.  Each jurisdiction may vary as to what a plaintiff must prove, some may require “extreme and outrageous” behavior by the offending landowner.  An experienced attorney can tell you what is required in your jurisdiction.

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