Land Owner Rights

I live in a residential neighborhood 2 blocks from the lake period on the opposite side of the lake is a bar. It’s always been there. Last year they built an outdoor music venue. The music is so loud that it’s even heard with my windows closed in the summer. The residents on the lakeshore on my side of the lake actually have their dishes rattle in their cupboards. The bar always ends the music at 11 thinking they are being respectful. Are city ordinance is very vague and only says action is taken when it would disturb a person of reasonable Sensibility. I can’t enjoy my own property on a Friday and Saturday night because of this noise coming through. Don’t I have some rights as a landowner to enjoy my property without invasion whether it be physical or audible? The police are of no help and the city is reluctant 2 create any further definition of the ordinance. People keep rallying around this bar.

Asked on April 5, 2018 under Real Estate Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Nuisance is an unreasonable interference with the use or enjoyment of your property.
You can sue the bar for nuisance. Damages ( monetary compensation) would be an inadequate remedy because of multiplicity of lawsuits since the noise is a continuing problem.  Damages are also inadequate because land is unique.
Therefore, the appropriate remedy in your lawsuit is an injunction to stop the noise or keep the volume low.


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