A North Bend, Oregon man asked about suing his noisy neighbors who he believed were often drunk, and certainly loud. He'd called the police, but "what else can I do?" he asked.
Oregon law of nuisance covers an invasion of another person's interest in the private use and enjoyment of land. Whether you hold the land as an owner or tenant with a lease does not matter. If it is your property, then you have a right to reasonable peace and quiet.
Here's what you need to win the lawsuit.
First, your neighbors must be doing something that is hurting your use and enjoyment of land. The legal standard is that it must be the kind of harm that a normal person in your community would not put up with. A slight inconvenience or annoyance is not enough. If your neighbors party once per year, then you'd have no claim. If they fight every night and you can't relax in your home, then you could prove "significant harm." If your neighbor's conduct is somewhere in between, then a jury will need to decide if the extent of the harm adds up to a nuisance.
Second, your neighbor's conduct must be intentional. If you are suffering in silence, then you might not be able to show that your neighbor's conduct is "intentional." Make sure your neighbors know that you can hear their fights and it is ruining the use and enjoyment of your home. A certified letter would do. If they do not sign for it, slip one under the door and keep track of when you did it.
Jeff Merrick, Lake Oswego, Oregon
503-665-4234
The above is not legal advice. I cannot give you reliable advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
