Wood privacy fence - planning over the top? Alternatives?

  • Erstellt am 2021-05-28 20:22:53

haydee

2021-06-01 12:02:06
  • #1
Sound can be refracted and is not always understandable to laypeople.
Uphill there is 1 apartment building with 6 apartments. From exactly 1 apartment we hear everything when they are on the balcony. It sounds as if they are standing on our terrace. We don’t hear the balconies below, nor those next to them.
If someone is celebrating in their yard on one street, I stand upright in bed, their neighbor hears nothing.
Just get some advice.
How is it with your house? Openings of the decentralized ventilation to the neighbor? Window rebate etc.
And talk to the neighbors.
 

pagoni2020

2021-06-01 12:15:39
  • #2
As I wrote, that would be the very last option. It did not originally come from me! But if something really makes me feel very bad permanently and I put my health/well-being first, what would be, in your opinion, a viable solution then? As I said, AFTER exhausting all options. Options: new construction, purchase, rental, etc. always under the premise that I feel bad here permanently!!! Or should one just tough it out for life? As I said, not nice but what is the alternative AFTER all other attempts? Deception would be nothing in this case and fraudulent misrepresentation twice no. I am moving for private reasons, period. Where then?? Only where this problem does not occur, that could be further away or in isolation, where others don’t like to live because of connectivity etc. Again. What would be the alternative if everything else doesn’t work? Getting sick?
 

guckuck2

2021-06-01 12:23:25
  • #3
Before moving out, there is first the escalation!
1) Conversation. Tips on this have already been given. Aim for consensus, if necessary initiate (joint) soundproofing measures
2) Keep a record, address every disturbance
3) Report noise disturbances to the public order office. If it’s even on Sundays (quiet hours!) you have leverage there.
From step 3 on, you are definitely no longer friends, but what is the greater evil?
4) Lawyer, expert opinion, court or sale
 

kati1337

2021-06-01 12:33:11
  • #4

They are even nominally holidays. Father’s Day, Sundays – basically when “you have time off.” :/
But I don’t know if the escalation path would bring me health benefits. What good does it do me if we start a neighborhood feud and I then get a stomach ache every time I go home because I’m afraid of running into them on the street? That kind of thing wouldn’t be for me; I can’t handle that well.
The last “neighbor relationship” with such problems, we also eventually left – meaning, we moved. But that was also a rented apartment, the situation was more extreme, and it certainly contributed to why I’m so sensitive to it today.

However, I don’t know if I really have any legal recourse there. Maybe the music isn’t “too loud,” but I still find it disturbing. I don’t know exactly where the limit to room volume is. They also have the right to use their garden. Playing loud music in the garden is, in my opinion, generally somewhat inconsiderate. Sound naturally spreads beyond the property, that’s known, and you then knowingly accept exposing other people to the sound. That probably doesn’t bother everyone, but it is inherently a bit selfish to impose your own music taste on other people whether they want it or not. At least, I wouldn’t do that.
 

Schimi1791

2021-06-01 12:43:42
  • #5

However, courts could (!) see it differently:

"In the sale of a property, the seller's duty to disclose 'bad neighbors' only exists if the buyer asks about this or in cases of extremely hostile or harassing behavior from neighbors that the buyer could not reasonably expect.

This was decided by the Regional Court Munich I in its judgment of 12.07.2012, case no. 23 O 5974/10."

So if the noise disturbance is concealed, although the buyers ask about it, the condition of fraudulent misrepresentation could (!) be met. Although noise disturbance is certainly subjective as well.
The wife of our previous owners apparently was disturbed by the neighbors' poultry and (!) partly successfully sued the neighbors. In the end, they moved away. We don't perceive the "disturbance" at all.


"In court and on the high seas we are alone in God's hands"
 

motorradsilke

2021-06-01 17:05:33
  • #6


Of course you have a legal claim. Sundays and holidays are quiet days, so he is not allowed to make music then. All noise must be avoided during those times.

Before I would think about a noise protection wall etc. or even moving out, I would make that clear to him. Of course, first in a nice and friendly way.

On other days outside of quiet hours, it depends on whether others are disturbed too. Ask the other neighbors. Maybe they are annoyed as well but don't dare to do anything either. Together you could then approach him and find a solution. Maybe there are certain times when he is at home but you are not.
 

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