What Is a Private Nuisance?
A private nuisance occurs when a person permits, creates, or maintains a condition or activity that causes a substantial and unreasonable inference with another person’s use and enjoyment of their property. Courts have found that for a Massachusetts property owner to maintain an action for private nuisance, there must be “significant harm” to their interests, and the acts giving rise to the claimed nuisance must be a material disturbance to their right to use and enjoy their land.
Examples of Private Nuisance Claims
A private nuisance in Massachusetts can arise in many ways and vary in degree. If a person does one or more of the following from or on their own property, it is considered to be a private nuisance:
- Shining light on another person’s property;
- Making noises that negatively affect the health or comfort of ordinary people to an unreasonable degree, such as a neighbor playing very loud music;
- The operation of industrial equipment that causes damage to neighboring residences through vibration and makes residents sick and nervous;
- Blasting operations that cause stones to be thrown onto a neighboring property;
- The leaking of toxic substances, such as oil, onto or under the land of another person, such as if your underground water supply has been polluted by runoff from a nearby business;
- The improper diversion of water that causes flooding on a neighboring property;
- The keeping of a poorly constructed retaining wall, resulting in damage to an adjoining property;
- The emission of offensive odors in a residential area from business operations.
- A person repeatedly entering your property without permission.
In these cases, you may have more than a frustrating situation. You may have a legal claim to seek damages for private nuisance.
Addressing such disturbances with legal remedies before they become a bigger problem can save you time, money, and worry down the line. The experienced private nuisance attorneys at Calabrese Law Associates can provide legal information to assist you with your claim.
How Can I Tell If Something Constitutes a Private Nuisance?
Property owners have the right to enjoy and use their land as they please. When something or someone gets in the way of that enjoyment, they cause a private nuisance.
The degree of disturbance that counts as a private nuisance can be subjective. A bad odor from a nearby factory may be offensive to the senses and infringe on your enjoyment of your property, yet it doesn’t cause serious consequences — unless the smell comes from noxious gases that impact your health. Often small annoyances can turn into problems that cause physical or mental harm to the property owners.
These cases constitute private nuisances and are worth seeking legal information to redress. The cause of the disturbance may bear legal responsibility.
There are other instances in MA where a person’s use of their land has been found to be a nuisance even without an actual physical interference with another person’s land. For example, if someone fails to maintain their property (i.e., the property is in an unattractive condition), it can be deemed a private nuisance. However, Massachusetts private nuisance property law states that certain activities that concern the ordinary operation of a farm cannot create the basis for a private nuisance action.
Does My Case Constitute a Private Nuisance?
Massachusetts law uses the ordinary person standard to determine whether something is a private nuisance. You must prove that an ordinary person would be bothered by the alleged behavior or circumstances causing the public nuisance. For example, if you have an extremely sensitive sense of smell and a nearby odor is causing you grief, from a legal standpoint, you may not have a case if an ordinary person wouldn’t find the same odor offensive.
In Massachusetts, a property holder must prove that a nuisance has caused “significant harm” to their interest. The nuisance has to impact their use and enjoyment of the land directly.
According to MA private nuisance property law, someone who doesn’t maintain their property, such as failing to remove dead trees or trim branches, can cause a private nuisance since the neighboring homeowner may worry about the trees or branches falling on their property, affecting the enjoyment of life. But the law also specifies that farm operations do not fall under private nuisance.
If you are experiencing any condition on your property that is preventing you from using and enjoying your land or home, please contact the experienced Massachusetts private nuisance attorneys at Calabrese Law Associates today so that we can investigate the matter for you. As is the case with most legal issues, addressing a private nuisance as soon as possible is important because it will help limit the damage to your property and also show the court that the nuisance is a serious problem, which is why you addressed it immediately.
“Who” Can Create Private Nuisances?
The most common private nuisance situation in Massachusetts is when one person (such as a neighbor) causes a nuisance on a nearby person’s property. However, it’s not only private citizens who can cause nuisances. Business entities, such as Limited Liability Companies, Corporations, and Partnerships, can create nuisances and are found liable in the courts for damages caused by the nuisance.
Also, Municipalities in Massachusetts can create private nuisances and are found liable for damages caused by such nuisances on private property.
How to Contact the Experienced Massachusetts Private Nuisance Attorneys at Calabrese Law Associates in Boston and Burlington, Massachusetts
If you suspect something has crossed the line between annoyance and private nuisance, you should contact a private nuisance attorney immediately. The faster you act, the more likely the court will believe you face a serious problem.
Our law firm, which serves the Greater Boston Area, can advise you on whether your situation constitutes a private nuisance claim and what legal remedies/damages for private nuisance you can pursue.
We can achieve the results our clients seek, securing the best possible outcome for your unique case. If you have a question about a potential private nuisance or if you are wondering if you are being affected by a private nuisance, we encourage you to contact our office now. It’s important to address a private nuisance issue right away. To contact our office, simply call us at 617-340-6623 or fill out our client intake form, and one of the firm’s real estate attorneys will get in touch with you within one business day.
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