Noisy Neighbours – Your Rights
“In common law, everyone is in general permitted to use their property for any purpose they choose provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their property.”
Let’s say you buy a property only to find out that your neighbours are extremely noisy and may be unreasonable. You try to have a friendly chat, but this produces no results.
Can you get a court order to stop the noise?
It’s not so simple – to get a “final interdict” you have to prove:
- A clear right
- An injury actually committed or reasonably apprehended and
- That there is no other adequate remedy available to you.
In most cases, the courts apply a reasonableness standard. This entails a balancing of mutual and reciprocal rights and obligations of neighbours.
