Neighbours fail in bid to get rid of 'noisy' pond

Mr Ebrahimi's pond.

A couple have failed in their attempt to force their neighbour to get rid of his water feature.

Sarah Smith and her husband Simon spent over two years fighting the case and £4,000 on legal costs, with Mrs Smith representing herself. The couple claimed the noise from the filtration system for Soroush Ebrahimi's pond made them permanently want the loo.

"The noise is intolerable and the feature is left on 24 hours a day, even when he goes on holiday," she said. "The noise never goes away and destroys any pleasure we previously enjoyed from our garden."

Mr Ebrahimi moved into his home in Little Baddow, Essex, a few months after the Smiths, but didn't install the filtration system until a couple of years later, when the newly-renovated nineteenth-century pond started to smell.

His lawyer, Nick Ham, told the court that the filtration system was necessary to keep the pond free of algae. He also pointed out that the pond was 25 metres from the Smiths' boundary.

"Mr Ebrahimi has consulted with pond experts about putting plants in his pond to deal with the algae rather than the pipe, but was told that because the pond is surrounded by 30-odd trees, the plants would not get enough sunlight to perform the natural chemical reaction," he said.

"The noise from the pipe was found to be around 40 decibels, which is the same level as a refrigerator or quiet speech; he has done all that has been asked of him at every turn and has rightfully sought legal help to defend his name. The Smiths are simply oversensitive to this issue."

Mr Ebrahimi.

Magistrates threw out the Smiths' case, and ordered them to pay Mr Ebrahimi's costs as well as their own, the Mirror reports.

It's likely that if the Smiths had had legal advice, they'd have been told that they didn't have a case. But they're by no means unusual in attempting to prosecute their neighbours against all the odds.

A couple of months ago, we reported on the case of Andrzej Jonski, who spent two years and £6,500 on a series of appeals against an order to clear up his rubbish-strewn garden.

Around the same time, Carole Anne Green was landed with a £50,000 legal bill over a long-running dispute over a fence - and said she'd need to sell the house to pay it.

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Neighbours fail in bid to get rid of 'noisy' pond

Gerard and Christina White from Moseley in Birmingham hit the headlines in September last year, when their neighbour ignored his planning permission, and built so close to their house that they said it effectively turned their detached property into a semi-detached one.

Despite the fact it left them unable to maintain the side of their property, the council washed their hands of the case, and said the couple would have to take private legal action if they wanted the extension to be pulled down.

Helen Coughlan, a 52-year-old carer from Woodford Bridge in north east London, was stunned when her neighbours built an extension just 24 inches from her window - completely obscuring her view.

Despite the fact she says it took £100,000 off the value of the home, and rendered it unsellable, the council said it could do nothing to force the demolition of the new extension.

In 2013, a row that had been rumbling for 17 years finally came to court. One of the neighbours had planted eight conifer trees in his front garden, and ignored repeated requests to cut them back to allow natural light into his neighbour’s home.

He was eventually forced to by a court - after the trees had caused a crack to appear in his neighbour’s wall.

Wendy and Paul Collins from Brownhills in the West Midlands watched in horror as their neighbours erected a six foot fence at the bottom of their front garden, blocking their front gate and leaving their car stranded on their front lawn.

Their home faces onto a car park serving a block of flats, and the owners of the flats erected the fence to stop the couple driving through the car park in order to park on their front lawn. The couple can still access their house through the back - and have a drive round the other side of the house - unfortunately their car is stuck on the lawn.

A Michigan man who had been through a bitter divorce, decided to get his revenge on his ex-wife by moving in next door.

As soon as he had moved in, he erected a 12 foot statue in the front garden, of a hand giving the finger. The statue is even lit up at night.

In May last year, Steven and Fiona Young from Blawith were ordered to pay their neighbours, Peter and Lesley Raymond, £600,000, after a campaign of harassment.

The Youngs had lived in a large farmhouse, but decades earlier sold up and moved to a smaller property next door. The Raymonds moved into the farmhouse and the Youngs became nightmare neighbours.

They piled rubbish in the garden, damaged fences, let animals foul their garden, and rode quad bikes over the grounds. When the Raymonds installed CCTV, Mr Young mooned them, and then painted over them.

The Raymonds sued for harassment, trespass, nuisance, assault and slander - and were awarded £200,000. The Youngs also had to pay £400,000 costs.


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