Neighbourhood annoyances are inconveniences of any kind caused by a neighbour. Of course, unless you live on a deserted island, it is completely normal to hear your neighbour’s lawn mower late on a Saturday morning! But sometimes the annoyance becomes so severe that it stops us from fully enjoying our homes.

Annoyances between neighbours can relate to views and rights of way, but also trees and fences. Since questions about trees and fences are often at the heart of these conflicts, we have dedicated an entire Infosheet to the issue. Consult Trees and Fences.

Note that renters also have a right to enjoy their homes in peace: neighbourhood annoyances can arise between renters in the same building or between a renter and the owner of a nearby building. When the annoyance is caused by a renter, she and the building owner can be held responsible. To learn more, consult our Infosheet Responsibilities of Landlords.

Even though there is no legal definition, the distance between neighbours is important.

That said, any inconvenience caused by a neighbour who is somewhat nearby can be considered a neighbourhood annoyance. For example, the courts have found that people 1.5km apart can be considered to be neighbours.

First, you should know that most municipalities have by-laws about maximum decibel levels and the location of heat pumps. Get in touch with your municipality to find out about your rights. It is possible your neighbour will be obliged to fix the situation or risk paying a fine.

If your municipality does not have any rules on heat pumps, the law still protects your right to peace and quiet. So if the heat pump noise prevents you from fully enjoying your property, it could be considered a neighbourhood annoyance.

You can only access your neighbour’s land if this is necessary to build, maintain or repair something belonging to you. Also, you must first notify your neighbour verbally or in writing that you need to go onto her property. Your neighbour is entitled to refuse access. In the event of a disagreement, you can go to court to request permission.

Important! You can access your neighbour’s property if this is the only way to carry out the work. You are not allowed access merely because it is easier or more convenient to go across the neighbour’s property.

If, despite taking precautions, you damage her property, you must repair it.

Yes. You cannot have any windows or doors with transparent glass within 1.5 metres of the dividing line between your property and your neighbour’s.

This rule applies even if your neighbour is not spying on you! However, if the view from the door or window gives onto a street or park, or if the door is panelled or has glass that is semi-transparent, these restrictions do not apply.

You should start by telling your neighbour that her hot tub is partly on your property. She may be able to move it. If this is not possible, you have a few options.

If your neighbour did not know that she had built partly on your property and the hot tub does not cause you a lot of inconvenience, you can ask her to

• pay you money for the loss of property, OR
  
• buy the part of the property she built on.

To protect yourself and avoid headaches if and when you sell your property, you can consult a notary, who will record everything in a written agreement.

If your neighbour didn’t know she was building on your land and the hot tub is causing you a lot of inconvenience (for example, it blocks the entry to your garage) OR if she intentionally built on your property, you can require her to remove it and return your property to its original state.

You are entitled to have road access to your chalet. To remedy the situation, you can ask one of your neighbours to give you a right of way to connect your chalet to a road.

If you can’t get one of your neighbours to agree to this, you have a right to demand a right of way on the route that will cause the least damage and be the most practical for everyone.

Note that you might have to pay money to compensate whichever neighbour gives you a right of way. Also, you will have to maintain this passageway and use it in a way that causes the least inconvenience.

To confirm your right of way, you will need to consult a notary, who will create the official documents. The notary will help you decide on the best route for the right of way, who will have access, how long you will have access, etc.

Property owners must each ensure that water, snow and ice coming off their roofs or rain gutters falls on their own properties and not on a neighbour’s.

Most municipalities have rules on the distance a building must be from the property line. Ask your municipality what the rules are in your area.

The first solution is, of course, to try to come to an understanding with your neighbour.

If your neighbour doesn’t want to hear anything about it, you can send her a demand letter. To find out more, consult our Infosheet Demand Letters and our éducaloi.tv on the topic.

If speaking to your neighbour or a demand letter do not work, you can file an action in court to

• be compensated, or
  
• ask the court to order your neighbour to fix the problem.