Noisy children on a trampoline make our lives a misery: Do we have a right to privacy?

I pray for rain every day between 4pm and 7pm, and on weekends. How far from our boundary fence and our house should a trampoline be placed according to privacy laws?

Our house and our neighbours are very close together on three floors. We have to keep all doors, windows, vents and curtains closed because of two noisy children on a trampoline and in a children’s pool that borders our boundary fence.

Recently, an event started with visitors at 2pm and lasted non-stop until 7pm.

When I finally sent a polite message to my neighbors asking them to keep it down, the answer was “no,” followed by a number of malicious messages.

You can’t have a reasonable discussion with these people. I think she was too busy drinking bottles of wine with her friend. What can I do? This can’t go on.

Jane Denton responds: I regularly walk past a small semi-detached house, surrounded by other apartments and houses.

Every time I walk past this house, I hear and see a child with blond hair jumping on a round trampoline in a small garden.

The recurring booming of the springs can be heard far into the distance and I feel sad for the neighbors.

While he bounces, the child in question always peeks over the high fence to see what is happening in the outside world. Maybe his family can take him for a walk in the nearby forest?

I can say that this is not the only complaint I have received about trampolines and their proximity to boundaries and fences.

But how this is viewed legally is far from clear. An online petition from an elderly couple to the government of the times when requests were made to involve privacy legislation in disputes over trampolines and adjacent properties, these were rejected.

The government said at the time that the petition had been rejected because it related to “something for which the British government or the British parliament is not directly responsible.”

Your question about whether privacy legislation applies in these types of cases is interesting, but I fear the responses are not what you had hoped for.

That said, proving that there is a legal nuisance or appointing a mediator to resolve the dispute may be reasonable alternatives.

William Cook, a lawyer at Mullis & Peake, said: I’m sorry to read that you are being bothered by the noise from your neighbors.

Unfortunately, there is no specific legislation that dictates how far an object, such as a trampoline, may or may not be placed from a fence, unless of course the object crosses the boundary.

It is unfortunate that you have to take measures such as keeping your windows, doors and vents closed. This will undoubtedly have a negative impact on your use and enjoyment of your home and garden.

We advise customers to contact their neighbours to ensure that issues are addressed and heard directly. In some cases this can lead to a mutually satisfactory outcome. However, I notice that your efforts in this regard are met with hostility.

Another amicable option is mediation, where you and your neighbors can meet with the help of a mediator.

A mediator is a neutral third party, who is usually legally qualified, but will not make a ruling.

Instead, the mediator lets both parties take turns expressing their concerns, either in the same or separate rooms, and will help narrow down the issues to facilitate resolution. Mediation is now often done remotely.

If that doesn’t work, your local government may be willing to intervene, but only if there is a legal nuisance.

Local authorities are required to take reasonable steps to investigate your complaint. If the noise level is above a permitted level, your neighbours may be given a warning. Failure to do so could result in a fine.

You may also choose to seek advice on drafting a formal letter, assuming that the neighbours’ action constitutes a private nuisance.

By definition, a private nuisance is a violation of your property rights that causes a significant disruption to the normal enjoyment of your land.

The disturbance must be ‘substantial’ and the court will assess the level of noise to determine whether a reasonable person would believe the alleged nuisance affects the quiet enjoyment of your land. This will take into account factors such as the time of day or night, its duration and its proximity to your property.

In the letter you must ask for an end to the nuisance within a certain period of time. You must also promise your neighbours not to perform such acts in the future.

Lawsuits are often filed for nuisance in the private sphere, based on noise pollution. Courts are prepared to prohibit noise pollution caused during unusual hours.

However, the judge will rule that certain sounds are not punishable if they take the form of everyday sounds, for example sounds that penetrate through thin walls.

If your neighbors continue to ignore your correspondence, the final step is to apply for a court injunction to prohibit them from using the trampoline and causing a nuisance.

You may be able to receive compensation if the court is satisfied that this will remedy the situation.

Christopher Lee, lawyer at BDB Pitmans, said: There is no set distance between your neighbor’s trampoline and the fence or your home, consistent with privacy or property laws.

One option is to file a claim in court for private nuisance against your neighbors.

To be successful, you must convince the court that the noise causes a ‘material’ disruption to your normal use of the land.

Useful evidence may include notes about when the noise occurs, how long it lasts and what impact it has on you, as well as relevant communications with your neighbours.

It may also be helpful to have an independent acoustician measure the sound level while the noise is occurring.

Noise pollution can also be a statutory nuisance under section 79 of the Environmental Protection Act 1990. In this case, you can report the noise to your local authority, who are required to investigate and take appropriate action.

This may involve environmental health officers visiting your home to assess whether there is a legal nuisance. If so, the local authority may issue a fine to your neighbour to stop or keep the noise down, otherwise you risk a fine.

Another option for taking action against a statutory nuisance is to bring a private prosecution in the police court under section 82 of the EPA.

You must provide evidence of the nuisance and related communications to demonstrate that the noise nuisance was substantial and had a negative impact on the quality of life.

If this is successful, the judge can order the nuisance to stop and can fine your neighbours if the nuisance continues.

Another option is to engage a mediator from an organisation such as the Council for Civil Mediation. This will prevent a lengthy and costly dispute.

Finally, the content of your neighbour’s ‘malicious communications’ may also constitute a criminal offence under the Malicious Communications Act 1988.

If they are causing you stress or anxiety, you may want to consider reporting them to the police so they can investigate further.