Legal Question in Civil Litigation in Massachusetts

The neighbor in the condo above me has been a noise nuisance since they moved in 5 yrs ago. They have a 2 year old now whom they allow to run and jump on my ceiling. Often it goes on for hours. Do I have any recourse with "peaceful enjoyment of my home" when the nuisance is a child ( and irresponsible parents)?


Asked on 8/21/13, 5:39 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

It is possible that you may be able to sue the upstairs neighbor for a private nuisance. If you prevail, they may be forced to install soundproofing of some sort. Litigation of this type will depend on the facts as proven at trial. It is impossible to state if you can win based on a description in emails. It may also depend on the view of the Judge who hears the case. You should consult an attorney to discuss your specific facts.

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Answered on 8/22/13, 11:51 am


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