Legal Question in Real Estate Law in Washington

Private Nuisance
I live in a rural area with no ordinances. About a fifth of a mile from me is an off-grid neighbor who powers his residence with a loud, portable gas generator. It runs at least 5 hours a day, often in the morning when I'm trying to do chores outside. From my property it's probably not loud enough to register anything significant on a decibal meter, but the constant, unwavering engine drone is extremely irritating and destroys my rural experience.

Any modifications to the generator would void it's warranty, and it can't be placed in an enclosure for safety reasons. A quiet generator would cost thousands. This neighbor is not open to discussion or my offers to pay for a quieter solution. I've tried the petition route but other neighbors aren't close enough to be affected.

Is the generator noise considered a private nuisance? If so, could I get an injunction to either force him to use a quieter generator and/or change it's time of operation from non-morning hours? Or is this a case for a mediator?

Thanks for your advice.

Asked on 4/25/07, 6:05 pm

Elizabeth Powell ELizabeth Powell PS Inc

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Re: Private Nuisance

The nusiance case in WA was based on a roadhouse - (this was in the '20's) with cars, music, cheap liquor, etc.

THAT was found not to be a nuisance, so chances are the generator would not be found a nuisance.

Mediation is really the way to go here. Hope that helps.

Elizabeth Powell

Answered on 4/25/07, 6:17 pm

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