Nuisance caused by dog groomer: owner must take action

Nuisance caused by dog groomer: owner must take action

The owner of a dog grooming salon in Amsterdam South must take measures by the court to prevent nuisance for the neighbor. This is stated in a recent judgment of the Amsterdam court. Not only that, to the neighbor, the damage be compensated for lost residential enjoyment. In addition, the owner of the groomer must pay the cost of the noise survey conducted by the neighbor. Lawyer real estate and neighbor law Robert van Ewijk, explains how the judge arrived at this verdict.

Neighborhood law, unlawful nuisance

The law states that it is not allowed to cause an unlawful nuisance to your neighbors. That is a wrongful act. If that does happen, then the owner can demand that the nuisance cease, as well as damages claim. Before one can speak of unlawful nuisance, however, a number of conditions must be met.

When is nuisance unlawful nuisance?

Nuisances and nuisances are often subjective. After all, what one person experiences as a nuisance is not necessarily a nuisance to another. In addition, if you live in the center of a large city, you must tolerate more from your neighbors than if you live in the countryside. The judge always takes this into account as well. It is also important whether certain noise standards are exceeded.

Taking action against nuisance neighbors

This test was also applied by the judge who had to rule on the dog grooming salon. He found that the degree of nuisance, its nature (dog barking and low monotonous noises from drying machines) and its duration (6 days a week) were such that there was unlawful nuisance. Moreover, a noise survey showed that the noise intensity was substantial in the neighbor's apartment.

Judge orders neighbor to stop nuisance

The judge ordered the owner of the groomer to take action against the nuisance. If he does not do so soon enough, he will have to pay a periodic penalty payments pay to his neighbor. In addition to damages for lost residential enjoyment and consulting fees incurred, the man must also pay the legal costs from his neighbor pay.

Note: noise research comes very close

However, the ruling did show that the noise research being done is very close. In this case, too, there was much to be said about the survey and how it was conducted. After all, various standards have also been established for a noise survey and how it should be conducted. In our daily litigation practice, we often see that this is where things go wrong: if the survey is not performed correctly or if the exact research question is not answered, then the report cannot be used properly in court. It is then more difficult to prove that the nuisance experienced is also unlawful. If you are experiencing nuisance from your neighbors, get proper advice from a lawyer early on. Take contact contact Lexys Lawyers to find out what we can do for you.