Legal Question in Real Estate Law in New York

Re: Can I force McDonald's to build a noise barrier fence?

These are tricky cases. They depend on zoning, permits, and a willingness to fight hard. They also depend on whether the use of McD's premises has changed since you bought the house. If you "came to the nuisance," the law will not help you any more than it will help those who bought homes near Kennedy Airport. On the other hand, if you bought a home near a nice quiet little municipal airport and the town expanded it into a multinodal hub, you might have a claim. Likewise, if McD converted a tiny little operation into a noisy extended hours mecca for cruisers and teenyboppers, you might very well have a claim as well.

One thing you can do is ask your doctor to evaluate your condition for stress. That can morph into a million-dollar lawsuit, which would get plaintiffs' lawyers and McD's to sit up and take notice.

You need to set up a real consultation with a lawyer to see what you can do.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Re: Can I force McDonald's to build a noise barrier fence?

Have your complaints been directed at McD's or the local govt.? Contact McD's before doing anything else and if there is no or hasn't been any satisfaction, you can sue for nuisance. They are interfering with your private right of enjoyment.