Dealing with Noisy Neighbors in Pennsylvania: What You Need to Know

As a Pennsylvania real estate attorney, one of the most common complaints I hear is about noisy neighbors. Whether it's driving ATVs, barking dogs, or constant construction, excessive noise can significantly impact the peaceful enjoyment of your home or even your property value. So, what can you do about it? Let's break down Pennsylvania laws and offer some practical tips.

Noise is a Serious Issue

As anyone who has a noisy neighbor can tell you, noise may contribute to serious health problems, degrades quality-of-life, escalates community conflict, and interferes with fundamental, private-property rights.  In fact, the Federal government recognizes that problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.

Pennsylvania Noise Laws

In most instances, the solution lies in simple neighborliness.  But we need laws for problem people.  Pennsylvania does not have a specific statewide "noise ordinance" in the way some other states do. Instead, the first source for guidance is your local ordinances and zoning laws.  Noise ordinances are laws which limit the allowable noise level(s) at different times of day for different zoned areas (i.e. residential, commercial, industrial). The maximum allowable noise levels are typically higher during daytime hours and lower during nighttime hours. Some noise ordinances can be vague and open for interpretation without specific sound levels noted while others are very specific and call out specific sound levels and daytimes. Many small or rural communities will not have a noise ordinance in place, but in more densely populated areas such as big cities, noise ordinances are an extremely important part of the community’s health.

Disturbing the Peace vs. Nuisance

Noise issues are generally addressed under two broader legal concepts that apply to all situations: disturbing the peace (public nuisance) and private nuisance.

Disturbing the Peace

This is usually a summary offense handled at the local level. Many townships and municipalities have ordinances prohibiting excessive noise that disturbs the peace and quiet of the neighborhood, particularly during nighttime hours. The specifics vary, so check your local ordinances. Violations can result in fines. The key here is that the noise must be disruptive to the general public to constitute disturbing the peace.

Nuisance

In Pennsylvania, a private nuisance is defined as "a non-trespassory (i.e. not physical) invasion of another's interest in the private use and enjoyment of land." In simpler terms, if your neighbor's noise unreasonably interferes with your ability to comfortably live in and enjoy your property, it could be considered a nuisance. Unlike disturbing the peace, a nuisance claim focuses on the impact on a specific individual or property, not necessarily the general public.  For example, a private nuisance may involve two neighbors disputing over noise generated by a family business. When this happens the harmed individual brings a lawsuit.

A property owner is subject to liability for committing a private nuisance if their conduct is the thing that encroaches another's interest in the private use and enjoyment of land, and the encroachment is either intentional and unreasonable, or  unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.  What they heck does that mean?  In short, its very subjective.  

What Constitutes a Private Nuisance?

Not every little noise is a nuisance. Pennsylvania courts consider several factors, including:

1. The Character of the Neighborhood

What's reasonable in an industrial area is different from what's reasonable in a quiet residential neighborhood.

2. The Nature, Duration, and Intensity of the Noise

Occasional noise is less likely to be a nuisance than constant, loud noise.

3. The Time of Day

Noise is more likely to be considered a nuisance at night.

4. The Effect of the Noise on a Reasonable Person

The standard is objective, not subjective. It's not whether you are bothered, but whether a reasonable person would be bothered.

Examples of Actions Which Have Been Held to be a Private Nuisance in Pennsylvania

There aren’t many examples because not many people have the money to file lawsuits and litigate them to the appeals court level where precedent is set but here are a few examples of cases that did bubble up to that level:

• Keeping a tiger in a residential area even though the owner had an exotic wildlife permit;

  
  

• Operating home-based auto repair business on the weekends in a residential area that was very noisy;

  
  

• Dust from a truck stop was sufficient to constitute a private nuisance where health problems to the employees resulted; and

  
  

• Excessive noise from a racetrack in a residential area.

What About My Rights as a Property Owner?

The most likely reaction you’re likely to receive when conveying a complaint about noise to your neighbor will probably be something like “this is America and I can do what I want with my property!”  We love this quote from the Judge in the Pennsylvania case of Matenkoski v. Greer: 

“Greer is correct to the extent this certainly is America.  What Greer fails  to grasp is  that in America . . . his fellow citizens have the same rights that he does.  Freedom does not give him an excuse to trample on his neighbors’ rights and brush aside their objections with his middle finger.”  

The concept behind the law is that each person must use their own property so as not to injure their neighbor.  Both sides of the matter have their rights.  One has a right to quiet enjoyment of their land.  The other has a duty to not to disrupt the right to quiet enjoyment of others.  The law attempts to strike a balance between those rights.  Achieving that can be quite difficult and often messy.

Practical Tips for Dealing with Noisy Neighbors

1. Talk to Your Neighbor

This should always be your first step. Often, people are unaware that they're causing a problem. A friendly conversation can sometimes resolve the issue quickly and amicably.  Call them, or better yet knock on their door.  If you can’t connect with them that way, text or email will do.  Keep it simple and friendly.  No attacks or long diatribes – at least not in your first attempt at resolution.

2. Review Your HOA Rules (If Applicable)

If you live in a community with a Homeowners Association (HOA), review the rules and regulations regarding noise. Report violations to the HOA, as they may be able to mediate or enforce the rules.  If more than one neighbor is bothered, you might band together to make the complaint.  Multiple complaints about the same noisy neighbor are more difficult to ignore.

3. Document Everything

Keep a detailed log of the noise, including dates, times, descriptions of the noise, and its impact on you. This documentation will be crucial if you need to take further action.  Sound and video recordings are quite helpful.

4. Contact Local Authorities

If talking to your neighbor doesn't work, contact your local police department or code enforcement office.  Ask about local ordinances that address noise levels in your neighborhood.  Temper your expectations about a response from local authorities.  In more populated areas, you may expect some action but, in our experience, if you live an a rural area, it’s unlikely that local authorities will do anything.  You may get the “pass the buck” treatment – meaning the local code officer says “this is a police matter” or vice versa just to put you off because they don’t want to deal with it.  That can be quite frustrating. 

5. Legal Action

If all else fails, you may need to consider legal action. This could involve getting an attorney involved or filing a private nuisance lawsuit against your neighbor with the local magistrate. This should be a last resort, as it can be costly and time-consuming. And it will have an indelible negative impact on your future relationship with the neighbor. 

When to Contact an Attorney

You should contact an attorney if:

• You've tried other methods to resolve the issue without success. A letter from an attorney can signify that you are serious and is more difficult for your neighbor to ignore.

  
  

• The noise is significantly impacting your health or property value.

  
  

• You're considering legal action.