Living in close proximity to noisy, thoughtless and annoying neighbors can make your life hell. Dealing with noisy neighbors can be difficult, but not impossible. There are a number of ways in which you can curb their noisy ways.
So you’ve finally moved into your new dream apartment and are ready to settle down and live happily ever after. However, no sooner have you plunked yourself onto the couch with a sigh of relief, you begin to realize that you’re not alone. The slob on top keeps odd hours and bombards you with such weird noises that you keep awake the whole night simply guessing his next move. No amount of adjustment makes you get used to this nuisance. And your much cherished fairytale existence soon turns into a nightmare. Welcome to community living!
Someone has truly said, “You can make your own home, but God makes your neighbors.” And if thy neighbors have not been created in God’s image, it’s curtains for you!
Defining Nuisance
“A good neighbor is a fellow who smiles at you over the back fence, but doesn't climb over it.”Arthur Baer
The Environmental Protection Act, 1990 classifies several types of behavior as statutory nuisances, including:
Noise or vibration.
Smoke, fumes or gases from any premises.
Dust, steam or smells from business premises.
Accumulations or deposits.
Animals kept in unhygienic or unsafe conditions.
According to the law, for an act to constitute a statutory nuisance, it must present a health risk or a nuisance. Typical examples of a statutory nuisance might include a neighbor who regularly burns rubbish that pollutes the air or who throws garbage out in the open, resulting in an all-pervading stench.
Assessing the level of nuisance
“Love thy neighbor as thyself, but choose your neighborhood.”Louise Beal
When assessing nuisance, the law looks to balance the right of one individual to enjoy his or her land, without interfering with the right of their neighbors to enjoy theirs. Some guidelines that councils use, include:
A nuisance must cross a boundary.
It must be a substantial interference and not a trivial matter.
A one off event such as a birthday party can be a nuisance.
The time, duration, nature and location of the nuisance must be taken into account. For example, something that is not a nuisance in the middle of the day may become one, later in the night.
Nuisance from neighbors can come in many forms – noise, pets, smoke, light, littering and antisocial behavior. But noise remains the chief culprit amongst them.