This constitutes a SINGLE QUESTION for a fee on satisfaction of €38..................................................................................Could you define "NUISANCE" in Irish Law?What would a complainant have to establish in order to PROVE that a NOISE regularly [ 4 hours daily in the evening ] heard on their property constituted a nuisance?Where the owner of the offending premises asserts that no nuisance exists as a result of his measurements of NOISE LEVELS on the public road would the MERE FACT that the noise from his premises can be heard on OUR PREMISES and that in our opinion that the noise/sound from the gymnasium consititutes"an unacceptable interference with the personal comfort or amenity of neighbours or the nearby community" what would we require to rebut the gymnasium operators assertion?We hold the opinion that the level and nature of the noise emanating from the gymnasium interferes significantly with our personal comfort and amenity. How do we prove that our personal comfort and amenity are interfered with?? This to me seems to be the crux of the issue. It is the nature of low thumping noise that is the main issue to us but the gymnasium relies upon the sound pressure (dBA) as the basis for refuting our claim that a nuisance exists.We are adamant that the noise is such that we cannot enjoy the peace and comfort of our house for 4 hours 5pm-9pm for four nights each week.
online searches. no help.
If you were to sue your neighbour for nuisance, you would most likely proceed on the basis that there has been substantial interference in your enjoyment of your property. The Court would balance the two competing rights; the right of your neighbour to run their business and the gravity of the harm caused to you. A Court will recgonises that to benefit the public, some people would have to endure some inconvenience. It is reasonable to allow a business to operate even if it causes some inconvenience to it's neighbours. If the inconvenience is great then, a Court may find that this constitutes a nuisance.The gymnasium may make some noise but, they do not have carte blanche to make as much noise as they like.Whether the noise is too much and whether your rights are being breached comes down to evidence. You believe that the low bass noise is a grave interference with your enjoyment of your property, the gymnasium disagree. Why not let a court decide ?You could go into court and ask for an injunction, this is an order prohibiting the gymnasium from making this noise between 5pm and 9pm. The Court may find it reasonable to grant this injunction or, they may vary it and allow the gym to make the noise but for a lesser period of time.
Relist: Incomplete answer.Requested specific definition in Irish Law as to what is meant by nuisance. Did not get this answer
Definition of Nuisance.Nuisance is a tort which involves an act or omission which amounts to an unreasonable interference with, disturbance to, or annoyance to another person in the exercise of his rights. If the rights so interfered with relate to the ownership or occupation of land or some other right enjoyed in connection with the land then the act or omission amounts to a private nuisance.The interference must be substantial to be actionable. The remedies include damages or an injunction.
Diploma in Law. Barrister at Law Degree. Practice in most areas of civil law.
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