Hello, many thanks for your question. My name is***** should be able to assist you with this.
Okay. A pump can work correctly, but still be incredibly noisy.
You accept that it is unnecessary noisy, or is likely to cause an interference with your neighbours enjoyment of his/her property?
Okay. I'm not entirely sure how loud that actually is, but the test of the court is whether something (although lawful) operates in such a way as to cause an unreasonable interference with your neighbours enjoyment of their land.
If the pump does cause a continuous noise, which does amount to an unreasonable interference with the right to enjoy their land, and the court could order you to remove the pump, will take additional steps to minimise its noise. It could order the pump to be removed completely. The court always has a difficult balancing exercised in this type of case. Typically, the activities on both parties lands are lawful, in and of themselves, and the court has to try and strike a fair balance .
Okay. Noise for a limited duration is likely to be more acceptable to a court than noise for a continuous period.
However, that is only one factor, which the court will consider in common with various factors in the overall scheme of things.
There is no one definitive factor, such as the amount of noise, or perhaps vibration, or length that such noise continues stop the court considers everything holistically.
The judge try strike as a "reasonable person" in deciding what the appropriate response should be. For those reasons, it is always difficult in a private law nuisance case, as this would be to say what the court is likely to do. Different judges may do different things. It is not like following the strict letter of the law from the textbook.
Yes it is a very difficult position. Is there any possibility of putting the pump into a larger unit, which has the effect of shielding the noise?
She could go to the local authority, but she does not have to. She has private law rights, as to you, not to have her enjoyment with her property unreasonably interfered with. Whether there is such unreasonable interference is, as I mentioned, always a difficult question. The local Council can intervene in more serious cases, but the fact that they do not will not prevent her from approaching the court to issue nuisance proceedings.
Whether she will ultimately do that perhaps remains to be seen.
It might be one of the factors that the court will consider. Again, you will say you have this for a long time and it is necessary to your use of the property.
She will say otherwise, and it is a difficult judgement call.
I think I've offered everything I can to be honest. I'm sorry there is no clear answer for this kind of thing.
Can I ask whether you're happy with the service please?