… but you mostly have to endure.
Advocate Annita Magnussen in the Huseiers Landsforbund, which is a nationwide interest organization for owners of houses, apartments, unions, housing companies and farm owners. The federation has 202 116 members in April 2013. HL takes care of homeowners’ local and state-owned housing and property interests. The federation provides legal, technical and financial advice to its members. Through valuable discount agreements, members save significantly more than the quota of insurance, mortgage, internet / telephony, housing alarms, heat pumps, technical control of the housing, plumbing services, heating oil, electricity, home sales, valuation, and more.
Responsible lawyer Ola Fæhn in Consumer Attorneys has experience from bl. a Consumer Council, Consumer Rights Committee, Housing Committee Committee, Leieboerforeningen, Bank and Insurance Damage, Juss-Bus and Advisory Group at Grünerløkka. Has been active in the media, among other things, as a guest of TV2 Helps you and NRK Consumer Inspectorates, Consumers’ Consumers and P4. Author of several books, most recently published Consumer Jungle Book at Universitetsforlaget. Previously published; Law and Right for the Consumer, Product Packages and Building of Own Housing. Holds regular courses on consumer rights and housing disputes.
Unger who whines all night, dogs who paws the floor, lawn cut at inopportune times – all you have to endure when you live in an apartment with limited soundproofing.
– But you have the opportunity to complain to the neighbor if there are disturbances or activities that go beyond what we must consider as normal, “says the lawyer of the Huseiernes Landsforening, Annita Magnussen.
“Children’s Sound” is a spacious term
Facts about fencing and felling of trees are among the most common neighborhood complaints cases, and these are overrepresented to the complaining bodies, although it should strictly be possible to resolve the conflict in between.
It’s harder to clarify what you as a neighbor can complain about when it comes to more everyday sounds from children, animals, and those who might have to stay above, below or next to you.
– In general, child sounds must be tolerated. Children jumping down from the couch, running indoors, babies who have colic and screaming at night and so, one has to endure, says Magnussen.
– But I think one can react if the child gets hit the half with a hammer for half an hour, or plays a ball in order to take two examples.
Magnussen says “child sounds” is a broad term and the understanding of what neighbors can react to is different because we all have different experience.
– In general, we can say that most children’s sounds must be accepted, but that children can not be honored freely. Traditional out games such as ball games, jump jumping trails and such should not be done indoors if you live in a listening apartment.
Magnussen also believes that children over a certain age can learn to take into account.
– It is the parents responsibility to stop the children if they are in a hurry for a long time. If they do not, they must be aware that the neighbor can complain.
Do you have a porch? Read this
Many blocks and apartment complex have porches upward on the floors. But the unquestionable benefits of the patio come with an additional responsibility.
– You must pay attention to the neighbors below when you have a porch. There is no opportunity to engage in activities on their own porch that is negatively beyond the neighboring area, “says Magnussen.
– For example, you can not shake carpets from the porch or have flower boxes that leak water to the porch underneath. You also can not throw things out of the porch.
She tells a case when a neighbor emptied the vacuum cleaner bag out of the porch.
– It is not particularly considerate to those below. Do you have porch, you can not throw anything out, do not let dirty water run down, do not use high pressure cleaners.
Traditionally, it has been usual to limit noisy activities at noon, during the day tour and after eight o’clock on weekdays before church time sundays, and before ten o’clock on saturday.
– This is what we are looking for, and it is common today for example to cut the lawn at six o’clock on a daily basis, although many eat dinner then.
– What if the neighbor walks past the terrace and you see breakfast, before starting the lawnmower?
– It’s about normal folk practice. This is not how it is done, but it is not legally regulated, says Magnussen.
Norwegians are Norwegians worse
Examples of things people come to the conflict council with
- Trees and hedges for trouble (shades of sun, waste in neighbor’s garden)
- Odor Ailments
- Rights of Use and Road Maintenance
Source: Gro Jørgensen, Conflict Council
Ola Fæhn has assisted in many neighborhoods and has long been interested in this topic. He writes in a blog that according to the book “Dear neighbor”, it is extremely difficult to embarrass neighboring conflicts. Why do we argue so much, does he believe?
– Norwegians are extremely concerned with homes and homes. This love of our homes, coupled with a fitting portion of Jantelov, makes us quickly get into arguments, says Fæhn.
– What matters should be, for example, the conflict council and what matters are going to law firms?
– Lawyers cost money. Attorney’s assistance to neighboring conflicts will be covered by home insurance to those in trouble. Nevertheless, no disputes should be under 20-30. 000 kr ports at lawyers.
The Conflict Council’s offer is based on agreement on something.
If you do not go to the usual courts, you should have a lawyer.
Legal aid can be covered by the insurance
If the conflict persists and nothing occurs in the Conflict Council, it may be smart to contact a law firm.
– Lawyers have specialized in finding solutions. In addition, they can assist if there is a need to bring the matter before the courts. The goal for the lawyer or another who helps solve the case is the same – find a solution for the customer that they are happy with, says Fæhn.
Sounds from TV and radio
Regular sounds of television and radio must be heard through walls and ceilings. But here too there are limits to what to accept.
Advice to you who are in conflict
Ola Fæhn’s advice to you as a nuisance of the neighbor:
Before you pick up things with your neighbor, you may want to think that this person will surely be a neighbor in the next 10 years too. A conflict with the neighbor destroys much of the idyll. Problems and desires should therefore be discussed in a smart way without the discussions being loud. Can you f. example. offer to set up a low hedge to prevent insight as a replacement for the tree you want removed?
Annita Magnussen’s advice to you who receives a complaint (s):
– First and foremost, you should listen to what is being conveyed in the neighborhood laws, and judge whether he is right. A good neighbor will try to correct the problem if possible. You should show consideration to the complainant, because it is not always easy to be on the other side. Finally, I would advise neighbors who receive complaints to increase avoidance of repetition.
Gro Jørgensen’s advice on a general basis:
I think people should talk together. If you approach the neighbor in a fair and friendly manner and based on how you experience it – instead of accusing and accusing the other, chances are he or she will listen to you. That is what we do in the brokerage meeting as well. Here is the broker who leads the process, asks questions and everyone gets what they want to say. Eventually we see if there is a basis for reaching an agreement everyone can accept.
– Taking next door to speaker on the porch or playing loud music at an unfavorable time, it is possible to complain. But some loud music during the day should be fine, says Magnussen.
Furthermore, she says that this type of noise and noise from frequent recurring parties, a lot of high-pitched arguing or otherwise disturbing behavior can result in eviction from the union if one does not comply with warnings received from the board.
Six quickest about livestock
We asked Magnussen to respond shortly to three common domestic offenses.
– Dogs crossing the floor?
– Must be tolerated as long as dogs are allowed in the community.
– Dogs barking?
– A little barking must be accepted, but not dogs barking a lot.
– Birds like chirping?
– You have to endure.
– Birds that scream sound like a phone / bell or the like?
– May be a limit here, depending on the bird’s lung capacity. (See Advocate Fæhn’s example of this just further down the matter).
– Cats that weep at the entrance?
– Cats that are looking outside can be tolerated, but not inside. Whether it’s the cat in its own house or if there are cats in the neighborhood trying to make an impression on the cat in the building, you do not know.
– Cats who are eating at night?
You must be able to endure to some extent with a cat that is fighting with other cats. A bit like with dogs.
May be difficult for many years
In Norway we have 22 conflict councils employing 600 brokers. They treat each to about 500 complaints and it is free to get help with them.
Gro Jørgensen is information manager for the conflict councils and says that their goal is to create two winners in the conflict.
Different rules for different neighborhoods
Grannelova (neighborhood law) lawyers are familiar with. But it does not apply to persons who are affiliated with the same property, such as renters and landlords or people in the same housing company.
People associated with the same property are governed by other laws. The rules between tenants and landlords are governed by the tenancy regulations. Discussions between people in the same housing company of the housing association act and living in unions are the same as the Community Act.
Source: Lawyer Ola Fæhn
– A neighbor is one you will continue to live next to and it is best for everyone if they can have a good relationship. It’s not good to go to the mailbox for fear of meeting the neighbor. If you go to court, it is by nature that there will be a loser and a winner. Both parties need to spend a lot of time and money, and it is often difficult to postpone the situation afterwards. This is not the best foundation for good neighborhoods, “says Jørgensen.
Not only can you save money, another advantage of going to the conflict council is that you can pull yourself at any time in the process; Everything is voluntary and you can pull yourself ahead of time, or during the meeting, if you think the meeting is unimportant. You therefore only risk finding a joint agreement.
– I think that many should approach the conflict council with its problems. We can contact the other neighbor and ask if he / she wants to meet in the conflict council. Our brokers are playmates – and have training in brokerage.
In the conflict council, it is not the broker, but the parties that determine the content of an agreement.
– We can end up with two “winners”. There is something about dialogue when an impartial third party (broker) comes in.
Our experience is that many before the brokerage say that “we probably will never agree”, but when the parties have seen each other in their eyes and listened to the others’ experience, many often come to an agreement anyway. It’s tiring not to greet the neighbor! “Says Jørgensen.
Trees are a gangster in neighboring roles. In some cases you may need to have the tree removed.
The disadvantage of trees is that they grow so the neighboring relationship can last for many years, but one day, the neighbor loses the sun and then it is done, says Fæhn when we wonder why trees are such a projection.
– We often find that a neighbor has said no to shed a tree, it appears in the meeting that it is not the tree in itself – but all the work or the cost of falling it – as does that the owner has said no that the tree is cut, explains Jørgensen.
– If neighbor number two can be on the offer page and say helping to work or splashing the expenses, it can resolve! Additionally, you might want to get into the neighbor’s point of view and think “how would I experience the situation?”, She believes.
It is arguing about scoring, sounds from parties or lack of maintenance is understandable to most. But there are also issues for those experts who are more difficult to understand.
Among the more incomprehensible conflicts, we have the case about the parrot that broke like the neighbor went to the district court to get peace. The parrot got to live and the neighbor had to buy ear bells, says Fæhn.
– Attorneys, judges and architects are neighbors from hell
Talk to your neighbor before buying
Therefore, the neighboring line becomes