Many complaints about "noisy neighbors" arise simply because we live in conditions that can be extremely annoying; and the law might not be able to solve the problem. For example, when your neighbor is the airport, your only recourse might be earplugs.

If you suffer from the more common problem of living in an apartment where the walls are too thin, your neighbor's stereo might sound like a 747 landing--especially at 3 a.m. In that case, unless you can talk your landlord into making costly adjustments to the building, you will probably have to tolerate some of the noise. Diplomacy might also help prod your neighbors into more considerate behavior.

When diplomacy and compromise fail, however, the law might step in.

Noisy neighbors fall into two categories: inconsiderate individuals and institutions.

In general, institutions have a little more leeway than individuals. For example, if you live near a construction site, the law will tolerate a certain amount of disturbance to your peace and quiet; but it cannot be excessive. Even intrusions caused by the government (such as a municipal airport) are subject to limits. It is difficult to challenge institutions, however; and the advice of a lawyer is essential if you are to confront an institutional neighbor successfully.

Individual rackets, however, may be addressed more easily. Whether your problem is a barking dog or the saloon down the street, most cities have ordinances that define acceptable noise levels.

If you believe that your noisy neighbor has exceeded these limits, perhaps the most obvious solution is to request that the police intervene. Of course, when officers are investigating mayhem, your neighbor's barking dog might not be given high priority.

If the police are unable to resolve the problem, your next step may be to request assistance from the district attorney, who can act to enforce violations of specific nuisance ordinances. Even if this strategy fails, the law may still provide help.

If the noise level creates a nuisance, you may bring suit as a private citizen. However, the courts are not eager to intervene in minor disputes between neighbors. To obtain relief in court, you must show that the noise seriously impairs your enjoyment of life or property; it must be more than merely annoying. Legal standards such as "reasonableness" come into play, and the offending party can raise a variety of defenses to your suit.

While you may always request assistance from the courts without hiring a lawyer, this type of lawsuit can become complicated; and expert legal advice will probably prove invaluable.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.