Neighbourhood relationships can sometimes become chaotic, especially when one ignores the existence of their neighbour.
Neighbour relationships can sometimes become chaotic, especially when one disregards the existence of their neighbour.
For example, a couple wishing to redesign their landscaping starts major construction work without informing their neighbours beforehand. The neighbours complain that the work has dragged on for over three weeks, six days a week, from 7 a.m. to 6 p.m., and especially about the amount of dust brought into their home from the cutting of dry materials.
The court* reminds us that according to the Civil Code of Québec, "neighbours must accept normal inconveniences of the neighbourhood as long as they do not exceed the limits of tolerance." However, based on a decision by the Supreme Court, the judge concludes that the provisions of the Civil Code of Québec do not require proof of wrongdoing to establish the responsibility of a property owner who has caused excessive inconvenience to their neighbours, and emphasize the outcome of the act rather than the behaviour of the owner.
The court orders the couple to pay the neighbours a sum of $3150, which is $75 per day for the entire duration of the work and $25 per day for the following ten days. Furthermore, the neighbours should have been informed in advance of the duration of the work. In addition, the couple should have asked the contractor to start the work later, especially since the contractor neglected to carry out the work in a way that significantly reduces the spread of dust on the neighbouring property.
During this holiday season, if you anticipate that your celebrations will last for multiple days, it would be wise to inform your neighbours in advance, even if you do not invite them.
*C.Q. 505-32-030282-124
