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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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hi, we are and have been for some time having a problem with

Resolved Question:

hi, we are and have been for some time having a problem with our neighbours constantly banging doors. we live in a detached house. Our neighbour had a carport next door abutting our wall which they have now enclosed front and rear. They have also put a toilet against our wall and we can hear them urinating. We have spoken to them politely, but the noise continues. We are at our wits end and its seriously disturbing us. What can we do?

Mr M. S Jandu
Wolverhampton
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name isXXXXX can assist with this for you.

tdlawyer :

Are they doing anything more than a normal person would in a neighbouring property?

Customer:

Yes

tdlawyer :

Okay. Then this makes it easier for you to take action.

tdlawyer :

The first thing is to speak with your local council - have you done this?

Customer:

No not yet, we were thinking about doing this, but i'm informed that our property will be flagged on searches. However, because they have built and enclosed the carport without permission, i'm more inclined to go down this route. We've tried banging on our wall, but we are just ignored!

Customer:

hi, are you still there?

tdlawyer :

Yes, I'm here.

tdlawyer :

Okay, you could look at civil proceedings if you needed to. You could apply to the Court (if necessary) to seek an injunction to prevent them doing this that constitute a nuisance.

tdlawyer :

This is always a balancing exercise for the Courts.

tdlawyer :

However, ultimately, if somebody is doing something more noisy/distracting than you would find with normal neighbourly activities, then you should stand a reasonable prospect of securing an injunction. Now, I appreciate you don't want to have to go to Court if you can avoid it, and to that end, you should get a solicitor to write to the neighbours first.

tdlawyer :

If that fails, then Court is always an option.

Customer:

My wife has phoned the police this evening as its been going on and off since 8.55pm this evening, I don't know if they will come. How do I take civil proceedings - or do you think going to the council first is best?

tdlawyer :

The Council doesn't cost anything, and is risk-free. Court proceedings come with risks, and cost money for lawyers. So the Council is usually always best first.

tdlawyer :

To issue proceedings though in Court, you would issue an N1 Claim Form seeking an injunction and damages, to prevent the acts complained of.

Customer:

ok. I'll try the council first, then the solicitors letter and see how we get on from there. Thanks

tdlawyer :

You're welcome.

tdlawyer :

Is this okay, is there anything else you would like me to answer?

Customer:

I think i'm happy with that advice for the moment. Thank you.

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