Full question:
My neighbor is planning to drill three deep-wells for a geothermal system. His wells will be located within 30 ft of my building. The rig will be a 60,0000 lb T3 rotary drill with hammer action. According to drill contractors, flying debris from this type of rig can be expected at 25-35 ft from the rig. We live in a townhouse community in VA, and my neighbor and I are in adjacent end units with a narrow strip of common ground between us. I am concerned with damage, nuisance, safety and noise as a result of the project. My house was also painted last month and I fear that it will need to be repainted and cleaned afterwards. Is there anything I can do to stop him? My HOA Board approved his drilling despite my protests, I suppose since none of them are directly affected.
- Category: Nuisance
- Date:
- State: Virginia
Answer:
In legal terms, a nuisance is a significant interference with the right to use and enjoy your property. This can arise from intentional, negligent, or ultrahazardous activities. Examples of nuisances include excessive noise, unpleasant odors, and other disturbances. If your neighbor's drilling interferes with your peaceful enjoyment of your property, it could be grounds for a lawsuit seeking damages or an injunction to stop or limit the activity.
An injunction is a court order requiring someone to do or refrain from doing something. To obtain a preliminary injunction, you typically need to show that: (1) you have a strong likelihood of winning the case; (2) you would suffer irreparable harm without the injunction; (3) the injunction wouldn’t cause significant harm to others; and (4) the public interest would be served by granting the injunction.
There are various strategies to address issues with noisy neighbors, including:
- Discussing the problem directly with your neighbor or writing them a letter.
- Contacting local authorities, such as the police, to file a noise complaint.
- Requesting your homeowners association (HOA) to intervene.
- Considering legal action for nuisance or other claims.
- Talking to local representatives about enacting a noise ordinance if one doesn't exist.
Check with your local government to see if there are noise regulations in place. Many municipalities have noise control ordinances that address excessive noise, which could help your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.