Putting an end to neighbourhood disturbances with your lawyer

Repeated parties, barking, building work, unpleasant smells, unsightly views… These nuisances can have a major impact on your quality of life and sometimes even your health. Are you a victim of neighbourhood annoyance and would like to put an end to it? Have you been implicated in a neighbourhood disturbance? While it’s preferable to find an amicable solution to disputes between neighbours, this doesn’t always work. The solution? Call in your lawyer to put an end to the nuisance as quickly as possible!

What is a neighbourhood nuisance?

The concept of neighbourhood varies from case to case. It does not necessarily refer to an immediate or adjoining neighbour, and may extend to a wider area. It is up to the judge to decide. Depending on the intensity of the nuisance, he may consider that the neighbourhood extends to a street or a group of houses.

The nuisance may be of different kinds:

• Noise nuisance: excessive noise caused by the activity of a bar or by repeated late-night private parties; noise nuisance caused by a building site, an airport or a drive service;
• Odour nuisance: unpleasant smells emanating from the kitchens of a restaurant or factory;
• Visualnuisance: unsightly landscaping, loss of sunlight or loss of privacy due to a neighbouring building.

When does a nuisance become an abnormal neighbourhood disturbance? In practice, an occasional nuisance can be a neighbourhood annoyance. However, it is up to the judge to assess its abnormal nature on the basis of its frequency, intensity and duration over time. However, the case law of the Court of Cassation seems to rely on a repetitive and permanent nuisance to qualify as an abnormal neighbourhood disturbance.

Neighbourhood disturbance is independent of the will of its perpetrator. It does not therefore presuppose malicious intent. The operator of an agricultural or commercial activity close to your home can therefore be held responsible for the situation. There is no malicious intent on their part. However, his business does cause a number of inconveniences: noise from customers, animal smells, cooking fumes, increased vehicle traffic, for example. However, it is impossible to have these annoyances recognised as an abnormal neighbourhood disturbance when the activity predates the plaintiff’s establishment and the operating conditions remain identical.

Can neighbourhood disturbances be caused by work being carried out near your home?

Neighbourhood annoyances can be caused by work being carried out on a neighbouring property. The cause could be noise damage, loss of light, cracks caused by demolition work, or a power cut following the ripping out of a cable on the neighbour’s property, for example. There are many possible causes of damage, and these can lead to the owner of the plot on which the work is being carried out being held liable, as well as the builder.

Neighbourhood disturbances may also relate to a property dispute such as :

• A fence encroaching on your property and causing an abnormal visual disturbance: loss of sunlight, etc;
• Problems relating to an easement on your property: right of way or right of drainage.

Crossing property boundaries may give rise to specific actions involving demarcation, alteration or demolition. In such cases, don’t hesitate to call on your specialist property lawyer to protect your interests and resolve these disputes quickly!

Finding an amicable solution to your neighbourhood problem

Before taking any action, it’s important totalk to your neighbours to find a quick and amicable solution. The neighbour causing the disturbance is often unaware of it! When they see the inconvenience in situ, it is very likely that they will do what is necessary to resolve the incident.

If you are a tenant, don’t forget to ask your landlord for assistance. Similarly, if the disturbance is occurring in a co-owned property, it may be a good idea to call on the syndic to sort out a dispute between co-owners. The co-ownership regulations set out the rules for living together, so that you can enjoy the common and private areas of the building properly. If your neighbour does not abide by these rules, he or she may be liable to penalties imposed by your co-ownership association.

If the problem persists, contact your neighbourhood dispute lawyer to help you reach a compromise. The idea is to arrive at a tolerable intermediate situation, while a permanent solution is put in place. In fact, the courts encourage people to have recourse to mediation before going to court.

Some preventive measures to take:

• Send a registered letter with acknowledgement of receipt with formal notice to stop the nuisance;
• Call in a bailiff to draw up a nuisance report, which can be used in further proceedings;
• Gather evidence from other neighbours using the Cerfa form n°11527*02 available online.

Why call in a lawyer specialising in neighbourhood disturbances?

Your property lawyer will help you manage your neighbourhood disputes, whether you feel you are the victim of a nuisance or you wish to defend yourself against being the perpetrator of a nuisance. His first task is to advise you on your rights and obligations. He can also assist you in your conciliation and mediation efforts.

He will then work alongside you to :

• Demonstrate the reality of the disturbance suffered and its abnormal nature;
• Estimate the resulting damage;
• Refute the existence of the disturbance of which you are accused;
• Take your case to court and defend your position.

Going to court with your neighbourhood disturbance lawyer

Summary proceedings to stop an urgent disturbance

In the event of a disturbance that needs to be stopped as a matter of urgency, you can take summary proceedings. The interim relief judge does not take a position on the merits of the case. His role is to issue a provisional order to put an end to the obvious disturbance and the damage suffered in an emergency situation.Article 809 of the Code of Civil Procedure allows the interim relief judge to compel the person causing a neighbourhood disturbance to put an end to it immediately. However, to obtain a final decision, it is necessary to bring an action on the merits before the court of first instance (tribunal d’instance) or the district court (tribunal de grande instance).

Referral to the court by your neighbourhood disturbance lawyer

This legal action requires the assistance of your property lawyer, who specialises in neighbourhood disputes. He will assist you during the proceedings to demonstrate the existence of the nuisance and the reality of the damage. Or to deconstruct the evidence of a nuisance and prevent you from being held liable.

An action that can be brought against :

• The neighbours responsible for the nuisance;
• The landlord, who guarantees a certain level of enjoyment of the property;
• A co-ownership association that fails to enforce the rules of co-ownership;
• The builder or project manager acting on the neighbouring plot.

Contact us to find out more about our property law services!