Land Owner Rights

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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