The law of gossiping, cacarder or croaking near a home

One of our readers, newly installed in the countryside, endured the cacophony of the lower court of his neighbor. Can they manage to silence the waterfowls which are poisonous to life ? Here are the words of the law.

"I'm installed in a rural town two years ago and my neighbour has recently built a pond in his garden. He bought geese and ducks that paddle and do a "boucan d'enfer". It is unbearable. So I asked him to park his volatile night and on the weekends. But there is nothing he wants to hear and claims that, living in the countryside, I have to bear the usual noises and natural such as those issued by the farm animals. Can I force it to separate themselves from this lower court, and to fill his mare ?" Jacques P., Saint-Martin-Valmeroux.

with regard to sound nuisance, it is all a matter of nuance and decibel. According to the article R 1334-31 of the public health Code, any person who is the source of noise that may affect the tranquility of the neighborhood or to the health of the man may be the subject of a sentence.

To do this, it is necessary to appreciate the intensity, the frequency and the nature of the noise. As well as the says your neighbor, the sounds of animals in domestic, farm or wild are often considered normal in the countryside as in the city centre, the owner of volatiles can more easily be sanctioned. But nothing is lost yet, and the frogs could well help you !

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A good agreement, rather than a long trial

indeed, in a recent case, the court of appeal of Bordeaux (June 2, 2016, no 14/02570) has condemned the owners of a mare due to coassements of frogs, which, during the mating season, importunaient the neighbors during the night. According to the judges, this noise, yet natural in a village of 587 residents located in the Dordogne, had been estimated to be 63 decibels by a bailiff and was a constituent of an uproar at night. Therefore, it was appropriate to proceed with the filling of the pond within a period of four months after the pronouncement of the judgment, under penalty of a fine of 150 euros by day of delay. What amounted to get rid of frogs in order to ensure the tranquility of the neighborhood. You could therefore rely on this decision to put pressure on your neighbor.

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nuisance

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However, it is not certain that, in the end, you will win the case. In this case, the owners have decided to appeal in cassation and of the many associations for the defense of the cause of animal support. Therefore, we advise you, before you go to court, to try to find a compromise with your neighbor, if necessary by appealing to the mediation of your mayor.