The Biblical King Solomon once said: “Better a good neighbour than a distant friend.” But what if your neighbours are far from good friends and instead make life miserable for you and your family?
In the following, we discuss some legal options available to stop the nuisance. We also address the possibility of taking preventive measures when your neighbours pose a threat to safety or health.
What is and what isn't allowed?
The law states that a small amount of nuisance between neighbours is normal. In other words, you must tolerate "normal inconveniences" (think of your neighbour mowing the lawn). Only when the nuisance becomes so-called "excessive" can your neighbour be held accountable.
Whether something is considered "excessive" is assessed based on all circumstances. In particular, the judge will consider the time, frequency, and intensity of the nuisance. More concretely: if your neighbour mows the lawn every other day at 10 p.m., there’s a problem.
If negotiations with your neighbour lead nowhere, the judge will have to make a ruling. The judge will then determine which measures are necessary to restore balance between the two properties. Possible measures include:
- Compensation for the nuisance suffered;
- Reimbursement of the costs you incurred to reduce the nuisance (for example, repairing a boundary wall);
- An order for your neighbour to stop the disruptive actions.
Preventive action
But what if your neighbour has created a dangerous situation? In other words, no damage has occurred yet, but there is a significant risk.
You can now also act preventively and ask the judge to impose the necessary measures. Note: such a claim can only be made in the case of serious and manifest risks to safety, health, or pollution.
Case study
Let’s examine these principles through an example:
Diego recently bought a stately townhouse in an upscale neighbourhood in Brussels. His neighbour, Catherine, is not at all pleased with his arrival—especially since Diego is a self-proclaimed guitar virtuoso who often showcases his artistic talents in the afternoons. Despite repeated requests from Catherine, Diego continues to play his solos. At her wit’s end, Catherine decides to chase Diego away through minor acts of harassment. For instance, she occasionally throws small stones over the hedge, especially when Diego has guests. More recently, Catherine escalated her actions. She purchased a professional stereo system which she uses to play extremely loud music remotely while she’s out shopping. Can Diego take action against Catherine’s harassment? And is he entirely blameless himself?
In principle, Diego is free to play music in his home, as long as it remains within reasonable limits (e.g., not extremely loud at 2 a.m.), and Catherine must tolerate this "normal" nuisance. However, throwing stones at Diego and his guests is not allowed. These actions are clearly meant to irritate Diego and could also cause injury. Likewise, the extremely loud music Catherine plays constitutes abnormal nuisance, for which Diego can seek compensation.
Are you experiencing extraordinary nuisance from your neighbour? Is their property neglected, or are you even concerned about dangerous situations? Vanbelle Law Boutique is ready to advise, assist, and take legal action if needed to protect your quality of life.
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