Property owners have a right to the enjoyment and use of their land. In the event that another party interferes with that right -- for instance, a neighbor regularly plays his music at maximum volume late at night -- a property owner can sue the interfering party. If the intrusion is physical, a property owner may be able to sue under the legal theory of trespass. In the event that trespass laws do not apply, but there is still interference, a property owner may be able to sue under the theory of private nuisance. Talking to your neighbor about the nuisance is usually the best first step, since they may not fully realize the affects of their actions.
While states may vary on their definition of a private nuisance, a plaintiff must typically prove the following elements:
1 The plaintiff owns the land or has the right to possess it;
2 The defendant actually acted in a way that interferes with the plaintiff's enjoyment and use of his or her property; and
3 The defendant's interference was substantial and unreasonable.
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