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Neighbour's treadmill prevents me sleeping

Legal Quest: What can you do with difficult neighbour using Treadmill at 6.00 a.m. and regularly through the day. Cannot sleep for a year.

The Minister for Environment – John Gormley  is proposing new legislation to deal with this type of ‘noisy neighbour’  but pending that legislation there is much that a neighbour can do.  

From the Listener’s question I see that the neighbour is “difficult”  so I am assuming that the Listener has already knocked on the neighbour’s door and advised them of the disturbance. 

This Listener has a number of options:-

1.                  If this is in an Apartment complex there will be mutual covenants in the title documents forbidding noisy conduct and you can go to the Management Company and insist on it being enforced.   If the Management is not interested in enforcing you can go to your own Solicitor and ask them to enforce the covenant.

2.                  Go to the District Court Office and swear out a Nuisance Complaint against the neighbour.   This will being the case to Court and the Judge has extensive powers to deal with it.

3.                  Go to your own Solicitor and ask him/her to sue for an Injunction and compensation.   If the neighbour owns the property then it will be a very serious matter for them because any Judgement that will be obtained by you (for which the neighbour is likely to incur two sets of legal costs plus compensation) can be registered as a burden or mortgage against their legal title.

4.                  Call the Gardai or alternatively if other neighbours are being disturbed get those neighbours affected to call with you to the Garda Station to see the Superintendent.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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