Legal Question in Real Estate Law in California
definiton of quiet enjoyment per cc&r in residential developmnt
i would like the definiton of quiet enjoyment.we live in a gated development with not only one set of cc&r but two sets with two management companies. wehave a problem with children playing in the steets at all times. they scream and yell for hours. have no respect for others property and the parents feel that this neighborhood ,run by children is ok and cute.
1 Answer from Attorneys
Re: definiton of quiet enjoyment per cc&r in residential developmnt
"Quiet enjoyment" is a legal term of art that has little or nothing to do with noise and has everything to do with freedom from legal challenge to your right of possession and use of the real estate. Compare "quiet title" lawsuits that are used to remove clouds on title. You may have some private cause of action, but more likely a police complaint, under local noise ordinances or even a suit for private nuisance, but ordinarily noise is not a breach of the right of 'quiet enjoyment' as that term is usually meant in legal documents.
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