AIBU to expect to sue my neighbour for stress due to their basement dig & house refurb?

[happydappy2]

The final straw is all the tarpaulin flapping in the wind at night time disturbing our sleep. I can just about put up with the noise during the day as can go out/put music on but not being able to sleep for many months will break me. It's been 4 weeks of disturbed sleep and I can't cope any longer. Anyone have any experience of suing a neighbour? It's a complete last resort but they have moved out so are not living through it....the tarp is covering the garden so is like a massive tent flapping in the wind. Why they didn't use plyboard is a mystery. Or is this just life-putting up with crap from neighbours building projects that take nearly 2 years? TIA for any advice

@happydappy2 - Are you in the UK. Reference to the basement and suing makes me wonder if you are in the USA? Although the spelling of certain words isn't American English?

I very much doubt you will get anywhere with suing your neighbours.
Building works are disruptive for neighbours but if anyone doing work had to pay the neighbours for stress that would be a fundamental change in the way we (as a society) plan any works.

Some people have suggested asking the Council to look at noise nuisance but I am struggling to imagine how loud a tarpaulin flapping can be. Can you really hear it with your windows closed for example?

I think accepting that building work is disruptive and you need to cope the best way you can will be better for your mental wellbeing than thinking that you can in some way stop the work (assuming it is legal) or that you can punish your neighbour.

I’m sorry you are going through this but if you think having the builders next door is stressful then try a legal dispute… That’s enormously stressful and expensive. And takes years typically.

Discuss with the council and write a formal letter to your neighbours. And buy some silicone earplugs, they really work.

I get its annoying ,but not normally able to sue I dont think .Maybe speak to the Council instead .Hoopefully most builds have an end date in site

Sue? For this?

Earplugs…?

I haven’t had to Sue a neighbour, but did have one Sue me, which meant either giving in to their demands or defending the case. I will tell you now, it’s not for the feint of heart, you will need very deep pockets (50-100k) for your costs, and if you lose you will be liable for most of your opponents costs too, another £50-100k. There are no real winners when you go down this road - unless you are the solicitor! I actually won, but it was 3 years of stress, a lot of costs and not something I would ever choose to be involved in.

I would absolutely NOT consider this for a few reasons:

Its building work, if they have permission to do it, its collateral damage

You should talk to them on things that are difficult

Don't destroy neighbourly relations with a dispute you would then have to declare.

So what can you do?
Ask them to secure the tarp properly
Buy earplugs
Go on holiday for some respite

Stressed to the point of considering suing... but hadn't thought of earplugs for a quid?

Sue for what? I mean, what do you want to get out of it? They can’t reimburse your sleep. It’ll be a long and expensive process. Meanwhile the tarp is still flapping away. What you want, presumably, is a quiet night, so surely you’re better off speaking to the builders (not the neighbours) and insisting that they sort the tarp out?

You have no legal right to sue them for inconvenience. They owe you no legal duty to have a peaceful life.

It's awful living next to a build. You get no where sueing. The build be finished before you ever get to count and unless you can prove damage etc it be thrown out. Try talking to them and reporting to council.

I feel your pain- we have got a Manor House across the road being 'renovated' it was gorgeous when it was last sold - and I'm fussy!

They have been at it 6 months- it's a very narrow road- we have had missed bin collections, power off a couple of times, constant lorry's and vans and trades things hogging a very tight road,

Absolute total pain in the arse

But the builders take instructions from their client.

If the neighbours are unhelpful, I'm sorry to say you can't do anything. I'm guessing the house is unoccupied?

They are still human. Just say hey your tarp isn’t very secure, can you weigh it down a bit? Unless the client has specifically instructed that they do not secure the tarp, which is a very weird order! 😂

Sueing Them sounds like a good way to make an unscrupulous lawyer rich and yourself poor.

Any decent lawyer will fall about laughing.

Or sneak in their garden in the dead of night like a cat burglar/milk tray man, and destroy and dispose of the tarp.....rinse and repeat!!

It would be terribly unfortunate if the tarp blew away in strong winds.

What's the weather forecast for the next few days?

Phone environmental health and see what they say. Unless it's very high, I'd be slicing it with a Stanley knife.

Talk to your Party Wall surveyor and council noise team.