- February 27, 2019
- Posted by: admin
- Category: ABC Articles
One of the most annoying thing I get is coming back to my sweet home and all I can think of is getting a warm shower and throw myself into a deep beauty sleep, the moment I want to close my eyes and enjoy what I have been longing for, I hear the sound of a dog barking, loud music, people arguing and neighbors trash keeps ending up on my lawn or sometimes at 3 am you wake up into music rattle’s. It is crazy and that moment what I feel is an explainable. My brain is tired all I need is a rest. If you have experience my situation and your feeling what I am talking about at this point, this is called “NUISANCE”. There are two types of nuisance private nuisance and public nuisance. Private nuisance is the interference with the enjoyment or use of another individual’s property example trespass or physical invasion into the land and public nuisance is a criminal wrong, an act or omission that obstructs damages or inconveniences the rights of the community.
Everyone has the right to have a quiet enjoyment of his or her property according to the law. And to prove that there was nuisance the claimant must usually prove damage, ie physical damage to the land itself or property; or injury to health, such as headaches caused by noise, which prevents a person enjoying the use of their land.
Today we are going to talk about how a person can deal with nuisance neighbors; the following are the safe legal measures you can take:
- Always keep a diary that you record all the incidents, times and dates and make this as detailed as you can and if possible top record the incidents do record. This will help to act as evidence in case you need prove the events.
- Communication; try to talk to your neighbors in a friendly manner, they might be unaware of the disturbances they may be causing. If you can’t approach them, then you can write a note outlining your concerns, and make the note sound friendly and not aggressively.
- If communicating with your neighbor fails then you can contact your landlord if you are living on the same building if not their landlord and tell him about the problem, this may resolve as the landlord will be able to take action on them.
- Mediation service; you can also go for this option and come up with an agreement that from 22:00 hrs to 7:00 hrs there should be any noise that may cause nuisance to other people.
- Call the police; if your neighbor is violent, breaching the peace of other people or is breaking the law you can always call for help, the police always know the best way to handle such neighbors do not take the matter into your own hands.
- If all of this fails, a person can take a legal action against the neighbor to the court but you will need to prove beyond reasonable doubt that the problem you are complaining about has amount to nuisance. And you can only do this by keeping the records of the events and their dates. If prove a court may get a restraining order preventing the neighbors to do anything that may be interpreted as nuisance at a particular time which will be provided by the court.
There is no doubt that a nuisance neighbor can really make your life a living hell. The fact that you coming back home to relax your mind and all you have to do is deal with the stress of tolerating unwarranted noise, the antisocial behavior of the individuals who are either do not know that they are creating a nuisance or simply do not care that it can affect your health and sanity, and not to mention the value of the property.
And remember before taking any step talk to them and let them know that they are causing nuisance and observe their response. The legal action should be your last option.