What recourse should there be in the event of a neighborhood disturbance? - firstpostsports

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Monday, November 27, 2023

What recourse should there be in the event of a neighborhood disturbance?

 

Noise pollution and ways to remedy it

Noise pollution includes all noises recorded in a neighborhood. These could be noises from activity, screams, animal noises, etc. Whether daytime or nighttime, noise pollution constitutes an obstacle to the tranquility and well-being of people.



In accordance with article R1334-31 of the Public Health Code, no noise must however harm the tranquility or health of the neighborhood. Nocturnal noise (between 10 p.m. and 7 a.m.) is punishable by law, even if the noise is small and temporary. If the noise pollution is caused by your neighbors, you can remedy it as quickly as possible. In order to maintain good relations with your neighbors, we advise you to contact the perpetrators of the nuisance and discuss it with them.

If this has no effect, send a registered letter with acknowledgment of receipt to your neighbor to this effect. This will serve as proof if there is legal proceedings. You can also contact the authorities in your locality to inquire about any regulations regarding neighborhood disturbances.

If, despite your intervention, the problems do not stop, you can then resort to a legal solution . In general, the bailiff is authorized to deal with these situations. Once on site, this legal professional makes an observation on the effectiveness of the nuisance. The finding and report made by the bailiff will therefore be transmitted to a judge if the procedure were to reach this level.

Deal with unruly or destructive neighbors

Living together requires respecting certain well-defined rules. It is unfortunately common to find yourself living with people who have no intention of following these rules of good manners . If your neighbors are noisy, the ideal is of course to talk to them directly about it. In case these people are totally reluctant to have any discussion and are stubborn about creating nuisances, do not enter into too much conflict unnecessarily.

If you are all tenants in a building, you can also call on your building caretaker or your landlord to reason with unscrupulous neighbors. The latter has the possibility of ordering that the nuisance cease, but also of terminating the lease of those concerned. In co-ownership, you must inform your co-ownership trustee.

If your neighbors create damage, file a complaint and call the police. You can also go directly to the judge and present proof of the inconvenience caused . Noisy or destructive neighbors face a fine or imprisonment (even in the case of insults and harassment).

How to handle disputes with your neighbors?

Disagreements between neighbors cannot always be avoided. However, there are solutions to resolve these issues and maintain good relationships. The best long-term solution remains dialogue. Go to your neighbor's house and quietly tell them about your concerns. You can then inform them and politely ask them to ensure that solutions are found to the inconvenience caused.

Show them that their actions really impact your peace of mind or your well-being. You can ask them to:

  • reduce music,
  • mow the lawn when it is completely daylight,
  • cut branches from their trees that hang in your fence, etc.

If possible, invite them to your home so that they can see the effectiveness of the nuisance . They may not be aware of the inconvenience you are experiencing. We therefore advise you not to make accusations, however well-founded they may be.

Also get help from other neighbors if your counterpart does not seem to take you seriously. To do this, it must be proven that these other neighbors are also disturbed by the actions of the person concerned. You can also send him a letter to remind him of the inconvenience he is causing you. Also remember to request the intervention of the owner

What should you do if you suspect your neighbor of breaking the law?

Your neighbor may be guilty, consciously or not, of certain offenses punishable by law. It may be a question of:

  • harassment,
  • threat,
  • destruction of property, etc.

If you only have suspicions about it, the ideal is to try to confirm them. Without proof, your possible legal requests would be less likely to succeed. In the case of nighttime disturbances , it must be proven that the neighbor is aware of the nuisance created and that he does nothing to reduce it. In the event of nocturnal noise, he is liable to a fine of 68 euros (180 euros in the event of non-payment within 45 days).

You can also inform him that you are aware of his actions and remind him that he is breaking the law. You can thus order him to put an end to his crimes, at the risk of being confronted with justice. You can also inform the police of your suspicions.

In this sense, we recommend that you collect and preserve evidence of the crime . You can take photos of damage to your home, make videos of nighttime noise or other punishable acts. Also remember to keep records of the writings exchanged with him.

Seek legal assistance in the event of neighborhood disturbances

Neighborhood conflicts are frequent. In many cases, resolving neighborhood disturbances requires the intervention of justice actors. If you are a victim, going to court will cost you dearly. Legal assistance can be of great help to you. Generally taken out with home insurance, it covers all disputes related to the neighborhood. It is useful when your amicable settlement has failed or if your neighbor behaves abusively, simply intending to annoy you. Whether you are a tenant or an owner, you can request this assistance. Do it as soon as possible.

Legal assistance allows you to benefit from the intervention of an expert. Their role will be to advise you, then to find an amicable solution again between you and your neighbors. If you are obliged to call on a lawyer to launch legal proceedings, the assistance allows you to cover the costs of the procedure. She assists you in drafting the letter of formal notice and in all the procedures until it is referred to the judge.

Recourse to legal assistance is only possible if you provide proof of the nuisance . It also prevents you from breaking the law through illegal acts. Likewise, we remind you that all the rules of cohabitation, which apply to your neighbors, are also valid for you. In other words, be careful not to cause neighborhood disturbances. Good manners and respect for others are at this price.

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