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.
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;
- 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;
- 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.
There are also 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 law states that certain activities that concern the ordinary operation of a farm cannot create the basis for a private nuisance action.
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 real estate nuisance lawyers at Calabrese Law Associates today so 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 Real Estate Attorneys at Calabrese Law Associates in Boston and Burlington, Massachusetts
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.