small nuisances daily, repeated for weeks, months, years, can one day become unbearable. Know your rights to better preserve them.

instead of threatening your neighbor, start by talking with him. Then comes the stage of simple e-mail, followed by the recommended. Finally, if nothing is moving, ask the conciliator to receive you. This voluntary legal assistant officiates in the town hall, the houses of law and justice or the magistrates ‘ court. In all cases, first, however, by educate you on your rights. Many legislative and regulatory tools governing neighbourhood disturbances. In the first place, article 544 of the civil Code. According to this text, ” ownership is the right to enjoy and dispose of things in the most absolute way, provided that is not a prohibited use by the laws or by the regulations “. It serves as the foundation of the concept of disorder in the neighbourhood, all as provided in the articles 637 to 710 of the same Code, precisely defining the use rights of owners on their property. Other references capitals : the article R623-2 of the penal Code for cases of nocturnal disturbances, article R. 1337-7 of the Code of public health for the noise in general, the departmental health regulations, municipal by-laws, etc, Good to know : to inform you, the lawyers, provide free consultations in town halls or courts. Consumer associations can also receive you in their offices or in the houses of justice and law.

Knowing the law allows you to discuss with the wrongdoer on the basis of obligations or duties specific. Perhaps he was not aware that a tree of more than two metres high shall be planted at more than two meters from the fence séparative of your houses ? Bring him of the legal elements, therefore, is the first solution to extinguish the fire.

The disorder abnormal, a concept considered on a case-by case

If, despite your attempts at amicable, your neighbor continues to be deaf to any dialogue, if he does not change his habits and not taking any measures to put an end to the nuisance, you’ll probably need to initiate legal proceedings against him. Before you embark on this adventure, think about collecting evidence. Also, be aware that it is on a case-by-case basis that the judge tell if the nuisance within a simple disadvantage, a normal neighbourhood, or whether they constitute a disorder, abnormal, likely to be sanctioned. This last notion remains, therefore, to the free appreciation of the judges, since she is not legally defined. Thus the singing of a rooster could be considered to be outside the law in town, but acceptable in the countryside. For each case, the judge evaluates that the repetition and intensity of the disorder, it also takes account of the circumstances, the environment or the situation of the person. The case law has, for example, recognized in the past as a disorder abnormal neighbourhood barking, repeated, mopeds sputtering under windows, the foul odours or permanent installation of a crane for more than a year against the facade of a building, depriving of sight of each co-owner…

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The civil claim of damages and interests

If your claim does not exceed € 4,000, and you’ll get the local court, who sits on the court of first instance. You just have to complete and send to the court form available at the registry. You and your opponent will then be called to the hearing by registered letter. If the sum claimed exceeds this amount, not to exceed 10 000 euros, it will be necessary to enter the court. Ditto if the dispute relates to the distance of the planting or pruning of trees or hedges, the buildings on the dividing wall, the easement of passage, the shares boundaries… All of these materials are the exclusive competence of the court of first instance, regardless of the amount involved. To assign your opponent, you will need to appeal to a bailiff. Other solution : ask the judge, by simple letter filed at the registry of the court, make an order to do so. If the neighbor refuses to comply, the matter will be considered at a subsequent hearing set by the judge.

beyond 10 000 euros, the case must be brought before the tribunal de grande instance. You must then go through a lawyer. In case of an emergency, such as a wall threatening to collapse, ask a bailiff to assign the neighbor referred. The judge hearing the application direct that, possibly, interim measures pending a judgment on the merits.

The criminal to condemn the offending

The bad behaviour are criminal offences only if the text that prohibits provides for a penalty. This is the case of the noise. The nuisance is either the local court, competent for the contraventions of the first four classes punishable by a fine of up to 750 euros, the tribunal de police for the offences of the fifth class punishable by a fine of up to € 1 500. When they are intentional, some disorders constitute a criminal offense, tried in the correctional.

To enter the criminal jurisdiction, there are two alternatives. Or you file a complaint with the commissioner of police or of the gendarmerie. Or you send a letter to the prosecutor of the Republic. He will decide what action to take. Attention ! To perform an action, you have one year from the offence in event of contravention of an uproar at night, for example -, and three years in the case of tort – the sound that is made intentionally to annoy the neighbors ! If proceedings are brought by the procureur, you can bring a civil action to obtain damages and interest in reparation of your harm. The day of the hearing, the judge will ask you to quantify this amount, orally or in writing. The amount awarded will be added to the fine that it will determine the amount.

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