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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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Are any options as a home owner in regards to the nuisance

Customer Question

Are any options as a home owner in regards ***** ***** nuisance of a new drilling rig close to my residence in Alberta, Canada? I can hear constant vibration inside my house as well as horns and talking on the outside speakers. I find it hard to sleep now and definitely can't enjoy the quiet outside on my acreage anymore. We have been needing to sell our place so we can have room for our family, but I fear this has also affected that. Also wondering if it will affect my well?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

Who is doing this?

Is it a private company or the government?

Customer: replied 11 months ago.
It is a private company.
Expert:  Debra replied 11 months ago.

Have you spoken to by law enforcement about whether they are breaching any bylaws?

Customer: replied 11 months ago.
they just told me to contact the pipeline company. So I assume there aren't any bylaws they can help me with.
Expert:  Debra replied 11 months ago.

If there was a noise by-law that would help.

As well, if they are doing the drilling after hours or too early in the morning there would be a by law for that so I suggest you call back to confirm that they cannot help with the noise level or the hours.

If not then you have to treat this as a civil matter.

You have a right to peaceful enjoyment of your home and your are being deprived of this right.

Noise is considered a nuisance just the way something like second hand smoke would be.

A nuisance is a tort which is a civil wrongdoing.

So you can sue the company for causing you this disturbance.

Your first step would be to have a lawyer demand that they either cease and desist from disturbing you or provide you with adequate compensation to cover all the time you have been and will be deprived of the right to peaceful enjoyment of your home.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?

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