This right that everyone forgets prevents doing what you want in your own garden

Contrary to popular belief, our home does not give us all the rights. Consequently, Living at home is also to respect those around us. In addition, My neighbor is not allowed to get tangled, and I don’t have the right to disturb him either. In addition, This principle of balance is essential to community life and this is precisely what the law frames.

Certain habits, apparently harmless, can become embarrassing. For example, There is nothing more pleasant in summer than to feel the scent of a barbecue. Furthermore, But when the smoke becomes thick. For example, it stings the eyes, infiltrates the apartments or smokes the neighbor’s garden, it changes everything. The same goes for this right everyone forgets prevents a poorly oriented chimney. excessive noises, or even foul smells from garbage cans or a poorly maintained compost.

These inconveniences, if they are repeated or excessive, can disturb what is called the right to tranquility. In law. we speak of “abnormal neighborhood disorder”, a concept appreciated on a case -by -case basis by the courts, depending on the duration, the repetition or the intensity of the nuisance, but also of the local context. This right protects everyone in the face of nuisance. makes it possible to enforce normal use of their place of life. And when it is flouted, remedies exist. The right to tranquility is based on a simple idea: everyone must be able to peacefully enjoy their accommodation. their garden. This includes everyday noises – household appliances, steps, discussions at a reasonable volume – but excludes abnormal nuisances. As soon as a durably disturbing behavior of the neighborhood, this right everyone forgets prevents day and night, it can be sanctioned. Justice is then based on the repetitive, excessive and inappropriate nature of the gestures concerned. And this, whether noise, olfactory or visual nuisances.

Before arriving at an expensive and complex legal proceedings, there are many ways to appease tensions. Most often, a simple exchange makes it possible to find common ground. If your barbecue smokes the building. disrupts meals in the neighbor’s garden, take into account the wind and turn off the embers quickly. Remember to take out your garbage cans on the day of the collection. maintain your compost regularly to limit olfactory nuisances. Simple gestures, which avoid many tensions.

Finally, if you live in rural areas, certain nuisance such as manure odors or animal noises are considered normal. They are part of life in the countryside, and the law protects them: the appeals are then very limited.