Private Nuisance
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Private Nuisance
A neighbor has installed a basketball court in there back yard and play at all times of the day night. I hear the screaming and thumping of the ball all day long and night. They play until 10 pm or later and it causes a major disruption to my family. We are unable to enjoy our home, have a nice dinner or a quite evening without the load noise of basketball outside our home. Our homes are close together and the basketball court is about 20 to 30 ft from my back door. It is making it hard for me to get to work on time since they are out so late and I work early mornings. Do I have cause to bring a lawsuit against them to change the times they play basketball?
Asked on March 25, 2017 under Real Estate Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue your neighbor for nuisance. Nuisance is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) would be an inadequate remedy in your lawsuit because of multiplicity of lawsuits due to the continuing nature of the particular nuisance. Damages are also inadequate because land is unique.
Therefore, the remedy to pursue in your lawsuit for nuisance would be an injunction to stop or limit the basketball playing.
Initially, you would seek a temporary restraining order to stop the basketball playing until there is a preliminary hearing where the judge would decide whether to issue a preliminary injunction. That preliminary injunction would be in effect until trial at which time the judge would decide whether to issue a permanent injunction.
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