# any experience of taking neighbour to court for noise pollution?



## roising (3 Mar 2008)

sorry - deleting message as case pending


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## ClubMan (3 Mar 2008)

I presume that this is the same case?





roising said:


> I'm posting this I suppose to get some feedback - does it sound like a legitimate case?


Has your solicitor not given a professional opinion on that question?


> My husband went into the court the following Monday and now it's all going ahead.


What court? What sort of action? What about legal representation? Isn't this a civil matter so the neighbour must be served with some sort of notice before one can approach a court?


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## roising (3 Mar 2008)

ClubMan said:


> I presume that this is the same case?
> Has your solicitor not given a professional opinion on that question?
> What court? What sort of action? What about legal representation? Isn't this a civil matter so the neighbour must be served with some sort of notice before one can approach a court?


Yes it is the same case. We haven't consulted a solicitor yet. There is no requirement to do so - we are following the advice laid out in http://www.environ.ie/en/Environment/NoisePollution/PublicationsDocuments/FileDownLoad,1319,en.pdf 
We are making a Formal complaint to the District court, seeking 'an order to deal with the nuisance'. The neighbour has received notice that he is to attend court on the specified date. Prior to that he has received correspondence from us and visits from the gaurds.


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## ClubMan (3 Mar 2008)

OK - thanks for that. Wasn't aware that you could do this.


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## fintans (3 Mar 2008)

We went through a similar process in the district court over 2006 and 2007 - very unpleasant and nasty experience. 

When you go to court you should have evidence over a range of dates of the noise (audio,video footage on a laptop) to present to the judge. 

The only problem with all of this court business is that your neighbours will more than likely get worse because they will be annoyed/puzzled etc about being taken to court and retaliate by making your lives miserable in other ways. They probably don't know or care what effect their conduct is having on you. This is what happened to us. However it's worth taking them to court because why should you take it lying down.


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## Bronte (3 Mar 2008)

OP the best of luck with going to court, you seem to have done everything possible to tolerate the noise and you are right to be concerned about your husband's health.  You've also gone through all the legal channels/officials that you can so your only option is to go to court.  I'm sure if you have enough evidence as the previous poster said then you should get on fine.


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## roising (3 Mar 2008)

fintans said:


> We went through a similar process in the district court over 2006 and 2007 - very unpleasant and nasty experience.
> 
> When you go to court you should have evidence over a range of dates of the noise (audio,video footage on a laptop) to present to the judge.


Thanks fintans - good to know we're not the only ones! we haven't told friends or family we're going down this route so we heven't been in a position to get similar war stories!


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## Blueberry08 (5 Mar 2008)

Best of luck with this Roising, it actually made my blood boil to read what you have had to endure.

We went through something similar - but not half as bad - with neighbours a few years ago but we were blessed, they eventually moved! The worst part was that their immediate neighbour, an elderly widow, was too afraid to complain to them (one of their sons spent time in jail) so put up with the worst of it. We ended up calling the Gardai on three occasions and, to their credit, they called to the house quickly. That stopped the noise (parties in the garden going on until 3 and four in the morning on midweek nights) twice, the third time they turned the music up again as soon as the Gardai left.

In the end the Gardai told us that all we could was take the route you are now taking, they could do no more. That wasn't their fault, but I found it amazing that you're left to deal with this kind of situation yourself - particularly when there's such a risk that the neighbours will turn nasty if you go to court. 

I wish you all the luck in the world with this, and salute you for taking them on.  I'll keep my fingers crossed.


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## Tormented (7 Mar 2008)

What you have had to put up with is soul destroying, my family had noisy neighbours years ago, had a terrible effect on us for years. There are really some horrible nasty evil and incredibly ignorant people out there.

My heart goes out to you and best of luck in court.

If property market picks up any bit, please consider selling, it really is not worth keeping if you cannot relax in your own home.


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## Brianne (7 Mar 2008)

Best of luck to you. You and your husband are saints to have put up with this for so long. Have it all documented and if any of you have attended the doctor with illness related to the stress of this, have evidence of this. To me it sounds unreasonable behaviour on the part of your neighbours and I would expect the judge to give a ruling in your favour. Best of luck.
On another note have the Greens done anything on this issue since they came into government? I thought the business of urban noise and noisy neighbours was on their agenda. The law as it stands is ridiculous and the Gardai in my area wont interfere at all no matter how loud parties are.From personal experience it is very disheartening that the only time I have ever needed the service of the Guards, they turned and said that they were powerless and yes it was a pity !!!!


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## Missus (26 Mar 2008)

Hi Roisin

I actually found this thread while I was doing a search for info on how to take a case to the District Court a I was thinking of heading down to the court today.  

We're having an awful time with our neighbour who is a guy in his early 20s and has a couple of tenants in with him. We have spoken to him over a dozen times and thought, in the beginning, that he'd settle down. He did for a while, but at the weekends he believes in coming in and sitting up with his friends, roaring, shouting, playing music until 8 o'clock the following morning.

It's a pain having to get up, get dressed and go in and tell him to turn it down. I actually went into him at 3.30am on Good Friday (would have been the Saturday morning) and knocked on the door and the window. His response was to whoop loudly and he didn't answer the door.

Monday morning I had to call the gardai at 4.45am and they were given a load of abuse at the door by the female tenant that's there - "I didn't know it was illegal to have a party in your own house" was one of the things she shouted at them. 

Meanwhile my daughter, who has her junior cert this year, couldn't sleep either. 

I feel they've left me with no option only to take them to court. I have no video evidence. I tried to capture the noise on Saturday morning on  a DVD recorder that we have here but all that came across was air and static. We couldn't believe it wouldn't pick up the music which was really loud. 

I also haven't written to them. I would have presumed that the countless requests we've made to them to keep quiet after hours, and the times that we've called the gardai would have sufficed. Should I still write the letter? 

Is there somewhere else I can get advice on the proof I need? Because anything I've read says that the onus is on him to prove that he's taken all reasonable measures to subdue the noise. 

I'd be grateful for any help that anyone can offer. I've kept to this thread rather than starting up a new one as I think all this information in the one place will help anyone else who needs to take a civil action against their neighbour. 

A good deal of my info was got from www.enfo.ie btw.


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## TDON (26 Mar 2008)

Roising, this _is _something that is desperate to endure and only some one that has gone through it can thoroughly understand what it's really like. And the stress of it can play havoc on your health and well being.

I'd imagine that all the past evidence you have will be taken into account and an intelligent judge will reaslise it's only stopped/simmered down because you are going to take them to court.

However, and I am open to correction here, I have been told that when selling your house, you have to disclose that you have taken your neighbour to court in a civil action. 

I have documentary proof that a neighbour of mine slandered/libeled me and my solicitor told me that if I was selling I would have to disclose this and it would effect the sale. And it is the ONLY reason I haven't pursued this as the lies have just escalated because I didn't defend myself.

So if you are thinking of selling anytime in the next few years, you might bear this in mind.


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## mercman (26 Mar 2008)

I had to take my neighbour, who owns the apartment above mine to court for noise. It clearly states in the lease no wooden floors and no alterations that would effect other owners, but he installed wooden floors and two huge water pumps which kept turning on at 3 in the morning. My tenants left and the noise was so bad that the property could not be let for nearly a year. Went to court, Circuit and after a long battle, the court ruled in my favour, and he had to put carpets down. However no floor uplift and still am able to hear his TV and general noise. His tenants are leaving as when I use the apartment, I turn on the TV very loud and the IPOD as well. The entire debacle cost him in excess of €100k, but for near to one year it was a complete pain. The best of luck to those that stand up against their neighbours.


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## mrstayto (26 Mar 2008)

If the people causing the OP trouble are tenants, the landlord is liable for any nuisance that they cause to neighbours or other third parties. Contact the Private Residential Tenancies Board.

Any landlord of a residential premises is required to be registered with the PRTB. Even if he isn't, you can still bring your complaint to them. If he is fined, chances are he'll make the tenants move out. (If tenants are breaching the terms of the lease he can break it)

[broken link removed]

The website is atrociously slow, maybe you should just phone them.


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## Lauren (26 Mar 2008)

mercman said:


> However no floor uplift and still am able to hear his TV and general noise. His tenants are leaving as when I use the apartment, I turn on the TV very loud and the IPOD as well.


 
his TV? or his tenants TV?
Understand your desire to get back at him but at his tenants as well?


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## mercman (26 Mar 2008)

Lauren -- the 42" plasma screens which are over the apartment. I'm not trying to get my own back at anyone, but I will be damned having to have my TV or music system barely laudable to save them inconvenience. It's amazing that the persons under my property don't hear anything from mine.


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## Beeton (26 Mar 2008)

I have been involved in taking a few cases under section 107 and 108 of the Environmental Protection Agency Act 1992 (as part of my job, I'm not just a very intolerant neighbour!).

Section 108 is really designed for individuals to take their own cases to the District Court without the need for a solicitor. The District Court in my experience is quite informal and the judges are usually very helpful in getting the facts of the case out. 

As someone seeking an order you should try and give the following information;

1. The nature of the noise nuisance, i.e., what type of noise is it? How often does it occur? How it affects you, does it prevent you sleeping, watching television, relaxing in your home, studying? Ideally you should have a log of the times and dates you have been affected by the noise.

2. What you have done to try and resolve the issue informally. Keep a note of the occasions when you have been to speak to your neighbours and when you have contacted the gardai.

3. It would be worth mentioning, if it is the case, that you have had no noise issues with previous occupants as this will discount any suggestion that there is a sound insulation problem and it's not your neighbours unreasonable behaviour that is the cause of the problem.

I would suggest that you write to your neighbour advising them of the noise issue again, stating that you have been more than reasonable to date and that if the situation does not improve that you will seek an order under section 108. If you have a copy, enclose the 'Guide to Noise Regulations' leaflet from Enfo that you mentioned. 

Ultimately if the District Court judge sees that you are a reasonable person trying to resolve a matter which is having a detrimental effect on your family's lives they will have no hesitation in granting an order. This can then be enforced by the Gardai.


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## construct_06 (8 May 2008)

has anyone any experience of a local authority taking a case under the above act on behalf of individuals or a group of people. Are they obliged to act if informed of a noise poillution? this would save the individuals from confronting neighbours....


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## askaquestion (11 Aug 2012)

*Section 108 experience / advice*

If anyone has any advice or experience they can offer on taking this action (beeton, you seem knowledgable) in a case similar to mercmans, I'd be interested in hearing it. Many thanks.


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## Marigold77 (15 Aug 2012)

We are in the early stages of this kind of action.  Not over city noise, but in a quiet country area we are being driven to this by the over use of a crowbanger and also guns shooting.

As in at least ten hours a day now. Very close and very loud. 

The Environmental folk at the council say that regardless of what we decide to do, they are looking at taking action themselves.

It is complicated for us as the terrain here and isolation are such that we cannot finsd who actually owns this device, as the land it is on is not accessible by road.

It has been on today since morning even though a storm is raging and there are few birds around. 
They seem to have just switched it on and gone home.

Thankful that there are provisions for help with this.


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