We have a new neighbor that moved in a month ago. He has built a dirt bike track on his property which is situated behind our house as well as my two next door neighbors. He seems to have no respect for the other people in the neighborhood. He rides three hours or more at a time and often invites his friends to bring their bikes over to ride as well. The noise is very loud and intolerable even inside the majority of the rooms in our home. We live within city limits and have a noise ordinance but it only applies from 11pm to 7am, which doesn't help our situation. We have a one year old that is terrified by the noise and can't take a nap while they're riding. We are also unable to enjoy being outside our home or even inside it for that matter. Beyond that, we are very concerned about a decline in our property value and the difficulty we'll have selling our home with this on the adjacent property. I have called the police twice already and they don't seem to be able to help out other than to deliver the message that we are complaining about the noise.
You are experiencing what is called a private nuisance. You may be able to sue for injunctive relief, meaning the Court would order them to stop or limit their activity. To be subject to injunctive relief, the interference with the property must be substantial and continuous. It would be your responsibility to prove that the interference to you is substantial and continuous. Also, if you live in a subdivision, he may be violating the bylaws. Check to see if there are any restrictive covenants on file for the property. You can look it up online at the register of deeds of your county. You should consult with an attorney to move forward if you feel that you need to obtain a court order. Good luck!
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