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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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I am subjected to noise nuisance by my neighbour who has installed

Customer Question

I am subjected to noise nuisance by my neighbour who has installed saniflo to the wall of my bedroom without my permission. My attempt to have this resolved has been ignored by the culprit therefore I need legal advice.
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

Please advise what further information you would like me to supply

Customer: replied 4 years ago.
Relist: Other.
There was no answer given
Customer: replied 4 years ago.

I have received no answer to the question the question is what I should do in this circumstance to make my neighbour control the disturbing noise.

Expert:  Remus2004 replied 4 years ago.
Thanks. The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

These units are not silent and I can understand therefore why this is a problem. The noise of the motor will vibrate through the wall. Obviously, I do not know whether that is a problem in general but I can understand how annoying it would be for you.

He does not actually need consent to fasten this to the wall or to fasten anything else to the party wall although he is responsible for any nuisance or damage caused.

You have a claim in common-law nuisance.

In relation to noise matters, the Environmental Health Department at the local authority will deal with it for you. However, in this particular case, I think it unlikely that they would be interested because whilst I accept that he has done this installation deliberately, he is not causing deliberate noise. They would class it as the noise of everyday life I'm afraid.

You are therefore faced with getting some expert evidence as to the extent of the noise and bringing a claim in common-law nuisance.

A solicitor's letter threatening an application to court at cost might resolve the situation. If he still does nothing then you will have to apply to court for an injunction to abate the noise and ask the court for costs.

I would also suggest that you checked your house insurance to see if you have legal expenses cover because that will very often pay the legal costs of any litigation

Can I clarify anything for you?