Legal Question in Real Estate Law in California

backyard skate ramp legal noise rights

My neighbor has complained about noise from our small backyard skate ramp

that my 7 year old son uses on rare occasions. I am wondering what our legal

rights are? What is the noise ordinance for our area and this situation? We

live in the town of Topanga canyon in Los Angeles County. My neighbor's

complaints seem overblown to us because we have only used the ramp a

handful of times in the past year and never skate early in the morning or after

dusk.


Asked on 6/08/06, 7:03 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: backyard skate ramp legal noise rights

Your neighbors are entitled to their peace and quiet enjoyment of their home, but it is doubtful they would resort to court action to force your kids from using the skateboard ramp during regular business hours. However, the neighbor may have a good claim is he/she has special needs, for instance they work at night and sleep during the day.

Perhaps a respectful discussion about when the ramp can be used would be productive. While a lawsuit for nuisance might be far-fetched, some dialogue with the complaining neighbor may go a long way toward good relations and an accommodation for everyone. Good luck.

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Answered on 6/08/06, 7:20 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: backyard skate ramp legal noise rights

A reasonable person must realize that complete emotional tranquility is seldom attainable, and some degree of transitory emotional distress is the natural consequence of living among other people in an urban or suburban environment. A reasonable person must expect to suffer and submit to some inconveniences and annoyances from the reasonable use of property by neighbors, particularly in the sometimes close living of a suburban residential neighborhood.

It sounds like your children's use of a skateboard ramp occurs in a time, place and manner which constitutes a reasonable use of your property. Nonetheless, I would encourage you to try to work things about with your neighbors and reach a compromise. I've had the misfortune of litigating a case like this, but my case involved a condominium association and noise from a basketball court. This type of issue can get real ugly in a hurry.

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Answered on 6/08/06, 7:39 pm


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