Chase v. Wizmann
Facts: A neighbor installs an air conditioning unit and pool equipment next to the common boundary line with a property owner. The noise level from the equipment exceeds limits set by local ordinance. The neighbor adjusts the equipment which reduces the noise level to comply with the ordinance. However, the adjusted noise level continues to interfere with the property owner’s quite use of their property to sleep. The property owner seeks to have the neighbor’s equipment relocated.
Claim: The property owner claims the noise level from the equipment constitutes a nuisance which needs to be eliminated by the neighbor since it interferes with the property owner’s quiet enjoyment of their property by causing them to lose sleep.
Counterclaim: The neighbor claims the air conditioning unit and pool equipment noise level does not create a nuisance since it complies with the local noise ordinance.
Holding: A California appeals court holds the noise level generated by the neighbor’s equipment is a nuisance and the equipment needs to be relocated since, while the noise level may comply with local ordinance thresholds, the noise level remaining continues to disturb the property owner’s sleep and interfere with their quiet enjoyment of their property. [Chase v. Wizmann (2021) 71 CA5th 244]
Read Chase v. Wizmann in full here.
Related Readings:
Legal Aspects of Real Estate
Chapter 12: Nuisance: offensive, unhealthy, or obstructive
