Let's say you have noisy neighbours that play ridiculously loud music most of the time, particularly late at night when you're trying to sleep.
I assumethis isn't infringing any sort of propety right... unless you consider how decibal levels effect ones' hearing.
Is this as simple as workin' it out over a talk, maybe even involving a private court? What do we consider loud noise from neighbours to be, if not just them being inconsiderate?
That depends on the conditions: Is there some sort of agreement to limit such behavior? If so then the enforcement will be in the agreement and there could be damages assessed on the noisy people. Absent such an agreement whomever homesteaded or purchased the property first would have acquired the right to create the noise or prevent the noise. It is also something that a new buyer may want to investigate prior to purchase on things like noise rights and what not.
TronCat: Let's say you have noisy neighbours that play ridiculously loud music most of the time, particularly late at night when you're trying to sleep. I assumethis isn't infringing any sort of propety right... unless you consider how decibal levels effect ones' hearing. Is this as simple as workin' it out over a talk, maybe even involving a private court? What do we consider loud noise from neighbours to be, if not just them being inconsiderate?
There is the legal doctrine of 'coming to the nuisance'.
"For Blackstone, being first is everything: when the plaintiff comes to the nuisance, then the nuisance has the right to continue; when the nuisance comes to the plaintiff, then the plaintiff has the right."
So, neighborhoods would establish norms based on first occupiers. These norms are essentially property rights, or conditions of that property. If a property has a neighbor that habitually plays loud music all night, that would be disclosed and up to you to decide.
In a free society, people would group together in living situations that reflect their values and preferred ways of living.
But even if the buyer has no rights to stop the noise the buyer still has options none of which require coercion and violence:
1. Pay the noisy people not to create the noise. You could put money in escarole and only disburse it when you are satisfied that they are not noisy.
2. Build a noise barrier or insulate your home.
3. Get the rest of the community to use shame and ostracism to get the noisy folks to stop. This is really the hammer. People hate to be shunned.