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Original poster

Please help trampoline laws/rules?

145 replies

purpleme12 · 15/02/2023 14:32

Trampoline in garden.

Neighbours have been harassing is since we moved in, many different things (has been police involvement) but now trying to claim trampoline makes them uncomfortable as my child can see their garden/dining room (sincerely doubt she's looking at the dining room in the second she's bounced up). Threatening to sue us 'private nuisance and breach of privacy' if it's not respositioned.
I don't know what my rights are here?!
As far as I'm aware people are allowed trampolines in gardens?!
I'm also not sure if this letter is an empty threat or if they would do this?!
Can anyone please help

OP posts:
corcaithecat · 15/02/2023 15:20

vivainsomnia · 15/02/2023 15:16

The police might have advised them to film for evidence.

Ultimately, nuisance is nuisance. As said, it's all about how bad it is and how often.

You seem very defensive and not prepared to consider any compromises. That doesn't make you a great neighbour either.

Stop making stuff up. 🤣🤣

Not a chance in a million that the police advised the neighbours to film a child playing in her own garden. 🤦🏻‍♀️

bellac11 · 15/02/2023 15:20

purpleme12 · 15/02/2023 15:17

I'm sorry I posted on here. I didn't think I had to go into everything they've done and if I did it would be a long post and frankly no one would want to read it.
I'm sorry if people think I'm being difficult

You need to separate those things out. They may be the most terrible people in the word, but ultimately you are causing a nuisance with this. And your child cant really help but stare over into their house each time she gets over the top of the fence because its human nature to focus on something in your eye line, thats not fair on her, or them

Be reasonable and move the thing

Original poster
purpleme12 · 15/02/2023 15:21

FenghuangHoyan · 15/02/2023 15:19

Your neighbours can report you to the local authority due to noise and privacy concerns. Having a ongoing dispute with your neighbours will also affect your house value should you want to sell it.

Why not move the trampoline to the other side of your garden rather than leaving it there with neighbours you say you already have long standing issues with? Did you think that this would help matters if they "hate children"?

I don't know if you're aware, but you're coming across as expecting people to have agreed with you and are not happy that some people have differing opinions.

I'm sorry I'm coming across that way

OP posts:
1Wanda1 · 15/02/2023 15:21

I'm a lawyer. If your neighbours have money to burn then yes, they could sue for nuisance, if they could prove that the use of the trampoline interferes with their quiet enjoyment of their land. The interference must be substantial or unreasonable. In a case like this, where there is no physical damage to their land, the claim would be for a sum equal to the diminution in the value of their property caused by the nuisance.

They might also have a claim under Article 8, Schedule 1 of the Human Rights Act, that the use of the trampoline interferes with their right to private and family life.

Personally, I think it would be bonkers for them to sue you, because if they lost they would be liable to pay your costs, and because the cost to them in the first place would be high (funding the litigation as they go along). They would also be obliged to disclose the dispute to any potential buyer of their house. However, neighbour disputes can be particularly vicious and people can do odd things. So I would try to put emotions aside here, and reply to their letter with some proposals as to how to mitigate the effect of the trampoline. E.g. moving it (to the extent you can), ensuring that your DC only uses it between the hours of X and Y and that you will tell them not to face in the direction of neighbour's garden, or possibly, that you will put up a higher fence so that the DC cannot see over.

AnotherDelphinium · 15/02/2023 15:21

You seem to have posted just to be told you’re right… and you’re not.

You seem to think that two wrongs make a right… they don’t.

You’ve been offered several suggestions, the best would be to sink it into the ground. You could get quotes for this and offer to go halves, and then you’ll get a good idea of whether they are just harassing or are prepared to pay some £ to have it sorted.

Original poster
purpleme12 · 15/02/2023 15:24

I tried to put a bit of background in my OP.
I didn't actually post to be told I'm right. I posted for legal advice as to whether they had anything to base this on. Which some people have replied to sensibly. Thank you for those posts

OP posts:
IsItBedtimeYetNope · 15/02/2023 15:24

I'm sorry you're getting so many shit replies OP. You posted in Legal Matters and once upon a time this used to be a place to get sound advice but since they changed the way posts show up on "active" you just get bored people from AIBU looking to pick a fight with hapless posters who just want to know where they stand legally.
I hope you get what you need from the good advice you've had from a couple of knowledgable legally-trained posters and just ignore the ones who are trying to make this into a dramatic bunfight.

Mumsanetta · 15/02/2023 15:27

currantbee · 15/02/2023 15:14

Google the recent Tate Modern nuisance case, which cost millions by the way. Pretty sure the courts found that overlooking is not a legal nuisance.

Supreme court just ruled it did constitute a nuisance

Not overlooking in general. The supreme court found that it was a legal nuisance in this case because it was such an unnatural use of the Tate’s land and went on to say that a case with similar circumstances would be very rare. If the OP’s neighbours want to argue that the use of a single trampoline by a resident child is akin to the intrusion caused by hundreds of people standing on a viewing platform at the Tate and looking into neighbouring homes, then good luck to them!

Mumsanetta · 15/02/2023 15:29

AnotherDelphinium · 15/02/2023 15:21

You seem to have posted just to be told you’re right… and you’re not.

You seem to think that two wrongs make a right… they don’t.

You’ve been offered several suggestions, the best would be to sink it into the ground. You could get quotes for this and offer to go halves, and then you’ll get a good idea of whether they are just harassing or are prepared to pay some £ to have it sorted.

This is legal matters, not AIBU, and the poster is legally in the right.

oakleaffy · 15/02/2023 15:29

Trampolines are awful.
Kids just DO gawp at neighbours over the fences
It’s distracting being stared at by bobbing heads
Plus trampolines are always put close to a boundary for some reason.
They sound awful, screaming kids and squeaky springs and the relentless whump-whump- whump-
Move it for sake of everyone’s sanity.

vivainsomnia · 15/02/2023 15:29

No they've haven't but that's honestly fine if you think that
Can't only draw conclusions from what is written here. As you say, there seem to be a lot more to it.

I sympathise more with your neighbour because like them maybe, although I do adore kids, I have an issue with parents who let their kids be very noisy in their garden with no consideration at all for the impact on their neighbour. Saying that, there has to a level of tolerance too, and maybe your neighbour's is exceptionally low.

Have you considered mediation?

oakleaffy · 15/02/2023 15:30

Sinking them into the ground intensifies the Whump Whump Whump noise.

Original poster
purpleme12 · 15/02/2023 15:30

IsItBedtimeYetNope · 15/02/2023 15:24

I'm sorry you're getting so many shit replies OP. You posted in Legal Matters and once upon a time this used to be a place to get sound advice but since they changed the way posts show up on "active" you just get bored people from AIBU looking to pick a fight with hapless posters who just want to know where they stand legally.
I hope you get what you need from the good advice you've had from a couple of knowledgable legally-trained posters and just ignore the ones who are trying to make this into a dramatic bunfight.

Thank you

OP posts:
donquixotedelamancha · 15/02/2023 15:31

I'd get a red pen, correct any and all spelling and punctuation errors then send it back. Signed for.

This. Pleeeease do this.

Post the letter here, we'll help.

PinkPantherPaws · 15/02/2023 15:33

I would respond very politely saying sadly, it's not possible for you to reposition your trampoline but you will, of course, fully cooperate with any legal action they wish to bring. Then let them waste their money if they choose.

donquixotedelamancha · 15/02/2023 15:34

More constructively than my last post, this:

Not overlooking in general. The supreme court found that it was a legal nuisance in this case because it was such an unnatural use of the Tate’s land and went on to say that a case with similar circumstances would be very rare.

I presume they don't even say what their basis in law is, OP? I can't think of even the thinest pretext.

LoveMAFS · 15/02/2023 15:36

As someone who's been on the raw end of kids on a trampoline being a pita, PLEASE do something about this to be more neighbourly. You wouldn't like it if you were on the receiving end.

Itspoonotpoop · 15/02/2023 15:36

Is your garden very narrow?

whatsup00 · 15/02/2023 15:37

Exactly, for all we know the neighbours are absolutely horrendous and are picking fights over everything. I definitely would not send it back with any spelling or grammar mistakes highlighted. I'd be tempted to send something really simple back saying something like "sorry - we'll move it for you" to try to placate them and hope that if they think they've won they will shut up!

WFHbore2023 · 15/02/2023 15:39

Not legal advice - but trampolines are a pain in the arse for neighbours.

We have a trampoline. We had it sunk in to the decking, and chose a spot in the far corner of the garden that doesn't overlook a shared wall.

Our neighbour have a huge trampoline that they decided to plop right next to our shared fence. Not only is it ugly to look at, but it's off putting to be seen by children when I'm trying to relax in my garden, or even my lounge!

Maybe kill them witch kindness, and move it further away from their fence?

vivainsomnia · 15/02/2023 15:40

There are two issues here. Can they sue you and should you be worried. They can, they won't because it would go nowhere, you don't have to worry.

Is there anything you can do to try to make things better and reduce the harassment. Yes there are and you have a responsibility for taking actions to reduce the conflict.

Ylvamoon · 15/02/2023 15:41

Just move the trampoline- simples.

As a long suffering neighbour, there is nothing worse than having next doors kids (& their friends) checking out what's for dinner at your house!

Just think about it, how you'd feel if the start looking over the fence while you & you family sit in the garden.

WiIson · 15/02/2023 15:45

I would probably take steps to make it as unobtrusive as possible, if you can move it over then do so. You can dig ridges in the grass to stabilise it.

Reugny · 15/02/2023 15:46

Thing is OP your starting post doesn't have any context so all posters can say to you is stuff along the lines of no it isn't a legal nuisance but your neighbours could choose to cause you more trouble and stress if they want to over it.

The advice I've been given by friends who work as solicitors and in environmental health dealing with noise pollution is always try to stop neighbourly conflict before it escalates.

So while you are in the right about the trampoline, move or sink the trampoline so your neighbours can't use it as an excuse to harass you over it.

I have a neighbour who does her best to cause conflict over other mine and other neighbours' children just being children. We ignore her and don't go out of our way to antagonise her.

If she is stupid enough to report us she finds she can't do much as we have armed ourselves with information and the right professional services so her reports go no-where.

Itspoonotpoop · 15/02/2023 15:49

Some people get trampolines that are so big they take up 1/3 of the garden. If it can't be repositioned away from the fence then it's probably too big!

My neighbour had one that took up her entire lawn. It was hell and caused significant damage to the shared fence, ruined our privacy and the little darlings bounced until 10pm meaning our children couldn't go to sleep.

Her dog shat on it once and the children bounced in the shit the next day. Trampoline was dismantled after that 🤣 hooray! (It damaged her lawn too. Grass never grew back!)

We have a trampoline. Appropriately sized for the garden. We engaged our brains, eyes and ears to ensure it was positioned between sheds - away from fences and houses. Meaning it doesn't bother anyone.

Tadddaaaaa

Equally the OPs neighbours may just be assholes.