Legal Question in Real Estate Law in Washington
Noise Limiting Property Enjoyment
Our neighbor runs a loud generator which limits our property ejoyment. There are noise ordinances in effect.
He has been informed made aware of this yet continues to run it.
Can we file a personal nuisance suit in
small claims court without neighbor collaboration? And
in lieu of an ordinance, can we use WA state's private
nuisance statute (Wash.Rev.Code Ann 7.48.010)to
support a noise related suit either in small claims or regular court? Can you get a warrant for abatement or injunction through small claims?
2 Answers from Attorneys
Re: Noise Limiting Property Enjoyment
You would be requesting a permanent injunction from the court. Small Claims Court does not have the authority to issue such an injunction (no jurisdiction). Small Claims Court matters are limited to money judgments.
Re: Noise Limiting Property Enjoyment
You have rights to bring an action either alone or with your neighbors, but not in small claims court. There, only money judgments can be awarded. You would have to go to superior court unless the statute allows jurisdiction to the district courts.
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