What type of attorney do I need if I sue my neighbor for the right to quiet enjoyment?
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What type of attorney do I need if I sue my neighbor for the right to quiet enjoyment?
I own my home and have for the last 6 years. About 2 years ago, a family purchase a home across the street and brought with them to heavily modified hot rods. For just shy of 2 years said cars, but specifically 1, has been waking my family at all hours, namely early morning ones, and disturbing our right to the enjoyment and peace of our home. I approached said neighbors about the aforementioned issues back in October 2015 and nothing has been done. The police have been out once back in May 2016 and there was a slight reprieve from the noise, but there was also tremendous retaliatory behavior in a variety of forms. In an effort to avoid costly legal fees and subsequent retaliatory behavior and the like, I procured a meeting with a community liaison/lieutenant with my local police department, the manager of city code enforcement, the city manager, and the city council representative for my ward. I’ve received no help. The noise is truly unbearable and I don’t know what to do or where to turn to. I feel my only option now is court, so I am respectfully asking for advice on how to proceed with that, what kind of attorney I would need, etc.
Asked on May 8, 2017 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It would be advisable to speak with a civil litigation attorney who has experience with injunctions in nuisance cases.
You can sue your neighbor for nuisance which is a serious or unreasonable interference with your use and enjoyment of your property.
Damages (monetary compensation you are seeking in your lawsuit) are an inadequate remedy because of multiplicity of lawsuits since the noise is ongoing and because land is unique.
Since damages are inadequate, your remedy is an injunction against your neighbor. The court will balance the benefits and hardships to the parties in determining whether to grant an injunction.
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