tort law

[boostnbloom]

I have reason to i believe attempt to take a neighbour to court under tort law for a private nuisance/ harrament. i have had no privacy in my garden or rear of my house since having a temporary structure built in my neighbours garden that is used by the local kids and the noise and privacy invasion has warrented me calling the police previously. Can anyone explain the process or the pro's and con's of attempting this?

[buildersmate]

This presumably is a follow-on to this.
http://www.theanswerbank.co.uk/Home-and-Garden /Question603406.html
If it is noise you are concerned about then the Local Authority, under the Statutory Nuisance legislation, are more likely to advice you about this - only they can bring a case under this. If they won't do it, you have to ask yourself whether you have a reasonable chance of success.
As I said before, you don't have a right to privacy, but you can put your own temporary structure up to hide it.
Perhaps it will be gone after the scholl hols.

[boostnbloom]

Do you mean that only the local authority can pursue a claim for private nuisance? it is the noise that is involved but primarily the fact that i can no longer have enjoyment of my garden without having a dozen or so kids climbing onto the dividing garden fence, footballs etc coming into the garden and i have to keep the bedroom curtains closed in case i go in from the shower naked and have kids looking at me or my partner in our bedroom. there appears to be little adult control but as suggested previously the whole issue has damaged our relationship with our neighbours. im suprised that i cant pursue a private nuisance claim for damages considering im the (in my view) victim?

[buildersmate]

No, no, you could do that, as is said here.
http://www.cheltenham.gov.uk/libraries/templat es/ourservice.asp?URN=1984&FolderID=0
I was just giving you another angle. There's more stuff about statutory nuisance legislation here.
http://www.netregs.gov.uk/netregs/275207/27550 4/1738705/?version=1&lang=_e
A tort is a civil case, as distinct from a criminal case.

[catmando]

If neighbourly relations concerns you then forget about the idea of taking legal action against them. Little could be guaranteed to make matters worse. Try to lighten up a bit and see it from their point of view. Summer hols are a stressful time. Having the kids playing in the garden is better than worrying about what they might be up to out of sight in the next street. They'll soon be back at school anyway.
Might I also respectfully suggest you close the curtains as a matter of routine when going about your house undressed - if only out of consideration for your neighbours!

[Hammer]

I doubt you've got much chance to be honest. You want to take kids to court for having friends round and playing in their own garden in the school holidays. What exactly do you hope to achieve? In their eyes, they are the victims. They have built a perfectly legal tree-house, or whatever it is, and are just playing with their friends.

I would be interested to hear what the police response was when you called them out?

[boostnbloom]

Thanks to you all for your responces.

In order to clear things up a little as there seems to be some confusion around who's doing what to who etc

I have a 6ft high fence dividing my garden from the neighbours on both sides as it was when the houses here were built. The neighbours i have issue with have built a 2 storey shed with the upper floor being open with just a hand rail around it. this is the area being used by the kids. the upper floor level is the same as the top of the fence ie 6ft with the pitch of the roof coming in at about 11ft. the floor area is around 12ft by 3.5 ft. there is a large tree that has been used to attach the floor to and the end of the play house/tree house is about 5 inches from my fence.

Much as i can see how much fun it would be and is for the kids who use it the siting of it is terrible and the adults involved in the building of it had no regard for the invasion of privacy it would cause us or the risk factors to the kids. falling 6ft onto a hard patio area with heavy pots etc at the bottom of the fence should one of them ever fall wont be good for there health surely.
In my mind it is pure common sense to move it to the other side of there garden where they wont over look a garden but the rear of a council owned property (a registry office) and where the noise will be reduced if only slightly by the extra distance.

I hear the reply about lightning up and about the summer holidays but have lived here for 2 years and never complained about the kids and there friends playing next door when theres 20 of them etc through the holidays but also i never had them climbing onto my fence and staring at me whilst im sat in my garden.

[tufty7]

why don't you just have words with the neighbours , tell them what the problem is and how its making you unhappy , suggest to them that you would gladly help them resite it a bit further from your fence where you suggest ?? if its suitable, no neighbours want to be on confrontation with each other if at all possibe, try it before going down the one way street to solicitors and council officials , if all else fails , just grit your teeth and stop moaning , they will be soon back at school !

[happyjo]

I have 3 children, and they often have friends over in the holidays. But I am always mindful of their noise and behaviour, as everyone is entitled to enjoy their garden as they wish.

I would really try to appeal to their better nature, once you have entered into what can technically call a property dispute then, if you go onto sell your house ( up to 2 years after the dispute is over), the dispute must be disclosed on the Sellers Property Information Form.

Plus, taking a civil action is extremely costly ( civil actions are notoriously slow and councel/legal fees could run to thousands) and the best that you could probably hope for is a few hundred pounds and the house moved away from your fence. If you lose the case, you are saddled with the fees and no better off noise and nuisance wise.

Try - www.nfh.org.uk or www.gardenlaw.org.uk

These sites have great forums where you can get advice from people who have also been through similar things

J x

[boostnbloom]

Thanks tufty and jo,
i again hear what you are both saying however it's hard to describe the impact and effect that this is having on our home life. I also have a son and when his friends are over im always mindfull of the neighbours. unfortunatly the neighbour in question isnt as considerate. as for talking whenever i try to talk im told that there not talking to me and that they dont care about the effect in an aggresive manner which makes me feel that there on the defensive as in the best form of defence is attack. much as i have tried to reason with them its all to no avail. im fully aware of the summer holidays however im also fully aware that this structure will still be in place in years to come and as mentioned there will be the issue of disclosing a dispute however no one would purchase my home should i wish to sell it with the structure in place unless they had a large young family and that narrows any prospective purchasers.
Having chacked out various websites and forums however it appears that there is nothing that can be done and that there are various complaints from people all over the country with very simillar problems.

It's amazing that the only solution is to plant a fast growing hedge that has caused as many issues in its own right nationaly is the only apparent remedy to this situation.

Thanks for all your feedback and constructive comments.
jim.