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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22929
Experience:  Senior Partner at Berkson Wallace
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Jo C. neighbour has had a trampoline for years a small one

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Hi Jo C. neighbour has had a trampoline for years a small one and no problems to us , now he has built one 4 inches from our fence 1 mtr higher than the 2mtr fence divideing our gardens .
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: sorry did not finish we have now lost privacy to our dining room Kitchen Patio and 50% of our garden, have reported to council no answer and the neighbour just says his garden tough
JA: Where is the property located?
Customer: Borrowash Derbyshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

It isn't really my area but I will pass you onto somebody who can help

Customer: replied 6 days ago.
Thank you

This has been passed to me to look at for you. Good morning.

 

This is the 3rd trampoline question I have had.

 

The privacy issue is not particularly useful for you. That is because 99% of the houses in the UK are next door to another house and each house can see into the other person’s garden from the upstairs rooms.

 

What you have here however as common-law nuisance because this is literally by anybody’s opinion, nuisance because you are going to have kids bouncing up and down and making a whole load of noise (I’m talking about the trampoline noise, not kids screaming although the latter happens to be one of my pet hates).

However if the neighbour will not move this is no magic solution to make him comply and your only remedy is to take him to court for an injunction to make him move it.

 

I would mention both common-law nuisance and privacy and let them, if they defend the action, argue that there is no breach of privacy

 

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22929
Experience: Senior Partner at Berkson Wallace
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