Legal Question in Civil Litigation in Massachusetts
Nuisance laws
We purchased a lot of land and are attempting to build on it. There is a place where we want the driveway and the person who sold the lot wants it somewhere else, he is building ahouse for himself across the street. He says if we put it where we want it, which saves us a bunch of money the headlights from out car will shine into his house and the house and the house of the lot next to us. Neither of the houses have been built yet. The other lot owner is a lawyer who is stating headlight nuisance/ trespass laws. They are filing a complaint. We'd like to know who is in the right.
2 Answers from Attorneys
Re: Nuisance laws
I believe that you are in the right and that the other party is premature in claiming nuisance for lights in a house window when the house hasn't even been built. Our office would be able to represent you in this matter; we handle several different aspects of development, zoning and municipal law maters. The other party is seking a preliminary injunction, however, there will be a high burden to meet. Has your plan been approved by the town? Where are you in the construction process?
Re: Nuisance laws
If there is no legal or regulatory restriction preventing you from putting the driveway where you want it, I cannot imagine they have a legitimate objection based on where your headlights are anticipated to shine.... Especially where the houses they claim the lights will shine into are not even built yet!
If you can get permitted to put the driuveway where you want it, and there was no express restriction on your ability to put the driveway where you want in the Purchase and Sale and in the deed itself, they can't stop you before their houses are built. They probably couldn't stop you afterwards either, though that would be a somewhat closer question.
Tell the neighboring lawyer there are no "negative covenants or restrictions" on your use of the land as you see fit, it can be legally "permitted" by the town, and that there is no "existing case or controvery" yet to complan about right now. Tell him any objections based he may have as to where the lights are expected to shine into houses not yet in existence are "not ripe" for any legal relief. It may sting him to hear this from you, but you'll be absolutely right.
Feel free to contact me for any help. Sounds like the neighbors are trying to manipulate you a little bit.
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