Off Topic Legal Advice

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Red Hadron Collider

The Hammerhead
Mar 2, 2011
57,474
9,897
113
Warrington
Any legal eagles out there. I know an employment law judge and he can probably advise me, but your views are appreciated.

Dear Sir or Madam,


At some stage in the recent past, a metal (cast-iron?) access gate was erected at the entrance to Butterfly’s nursery next door to my house. As soon as the gate was erected, I started to notice significant noise every time the gate was opened and closed. This continues to be the case, including regular usage on weekend mornings, sometimes as early as c. 6 am.


It is only recently that I have discovered the reason for these high noise levels, in that the gate mounting is directly attached to the exterior wall of my property, which I own, not rent. At no stage was I asked for my permission for this action to take place. I get up at 6 am on weekdays to get to work. I like to have a little longer in bed at the weekend and don’t enjoy the sound of a clanging gate reverberating around the whole house and waking me up.


I suggest that this gate is taken down forthwith, or I will be left with no recourse but to take both direct legal action and to contact Warrington Borough Council Environmental Health Department (noise pollution division).


Yours faithfully,
 
I assume if you own the wall then people can't attach things to it without your permission...
 
I'd imagine noise pollution would be the way to go alright. Not sure about the consent on attaching it to the experior of the house issue though as I don't know the law.

Noise pollution in a home is easily proven too.
 
On a seperate note... You live next door to a nursery? Poor kids <laugh>
 
If it's your wall (and not a party wall) then tell them to remove the ****er within 7 days, and if they don't you'll do so and charge them for the privelege.
 
If it's your wall (and not a party wall) then tell them to remove the ****er within 7 days, and if they don't you'll do so and charge them for the privelege.

You reckon? I know people who will charge me a ****ing fortune to do that <laugh>

It's defo my wall. Clear daylight between my house and the nursery.
 
You reckon? I know people who will charge me a ****ing fortune to do that <laugh>

It's defo my wall. Clear daylight between my house and the nursery.

If it's your wall then they've no right fixing a gate to it without your permission, simple as.

However, the reason I asked about a party wall, is that there's obviously a passage way of some sort between the 2 properties that has joint right of way?
 
If it's your wall then they've no right fixing a gate to it without your permission, simple as.

However, the reason I asked about a party wall, is that there's obviously a passage way of some sort between the 2 properties that has joint right of way?

It's not a passageway as there's no exit. It simply separates the buildings.
 
You should be grateful there is somewhere for the caterpillars to be dropped off while the mummies and daddies go to work