Neighbourhood law - Advokatfirmaet Halvorsen & Co

What is the neighbourhood law?

It is the Neighbourhood Act that applies in a neighbour dispute. The Neighbourhood Act is also known as the Neighbourhood Act.

The Neighbourhood Act is one of several laws that regulate neighbourly relations. Questions about fences are regulated by Law on neighbourhood fences, also called for the law of cheap labour, while Planning and Building Act applies to the planning of land use and construction activities.

If your neighbour's actions contravene the provisions of the Neighbourhood Act, the Fences Act or the Planning and Building Act, you may have a right to demand changes.

The Neighbourhood Act is largely based on discretion, which leads to a high level of conflict between neighbours.

What is a neighbour?

Neighbours are not only properties that adjoin each other, but all properties that are exposed to damage or inconvenience. You may therefore be a neighbour within the meaning of the law if, for example, odours or noise affect you who also live further away.

Which issues are regulated by the Neighbourhood Act?

The most common neighbour conflicts regulated by the Neighbourhood Act revolve around:

- Trees
- Hedge
- Noise level
- Odour
- Site boundary
- Rigging connector
- The view
- Excavation
- Construction
- Blasting

What does section 2 of the Neighbourhood Act say?

Section 2 of the Neighbourhood Act is the most central provision in the Act. It sets out what is legal and illegal in a neighbourly relationship. Section 2 of the Neighbourhood Act stipulates that «No one may have, do or implement anything that unreasonably or unjustifiably causes damage or inconvenience to neighbouring property. Inconvenience also means that something must be considered dangerous.»

In practice, this means that the law sets a limit on what your neighbour can do on their own property. However, it also means that your neighbour can do as he pleases as long as it is not unreasonable or unnecessarily harmful or inconvenient to you.

What is an injury?

For section 2 of the Neighbourhood Act to apply, your neighbour's activities must be detrimental to you.

In this context, damage means material damage to your property or personal injury caused by your neighbour. For example, it may be that your neighbour is carrying out blasting work that leads to cracks in your foundation. You then suffer damage that is regulated by the Neighbourhood Act. Also injuries is considered an injury in this context.

What is a disadvantage?

In this context, an inconvenience means negative or undesirable activities that do not lead to damage, but which are an inconvenience to you. This could be noise, unpleasant odours, removal of views or an extension that deviates architecturally from the rest of the buildings in the area.

What is an unnecessary damage or inconvenience?

There are two conditions that can lead to an injury or inconvenience you experience being unlawful. It must be unnecessary or unreasonable.

A typical unnecessary damage or inconvenience would be if the neighbour, for example, deliberately bothers you, or could easily have avoided the damage or inconvenience by doing things differently.

What is an unreasonable damage or inconvenience?

For the Neighbourhood Act to apply, the damage or inconvenience must be unreasonable. This is normally a discretionary assessment, and the courts often emphasise whether the activities are something you should have expected when you moved into the property.

This means that if you complain about noise when your neighbour is a nightclub or complain about a bad smell if you live next to a landfill, you won't necessarily be successful.

How do I proceed in a neighbour dispute?

The easiest way to prevent neighbour conflicts is to raise the problem with the neighbour in a polite manner. If this does not lead to a solution, it is important that further dialogue takes place in writing. This should clearly state what you are complaining about.

If this does not lead to a solution, you should contact a lawyer who is an expert in neighbour law, such as Jørgen Bugge.

What am I entitled to if I win a dispute?

According to the Neighbourhood Act, you can demand rectification and compensation if your neighbour's activities are illegal.

What is rectification?

This means that illegal activities must be stopped and corrected. In this context, rectification can mean that the causes of, for example, odour or noise must be corrected so that the inconvenience ceases.

What is compensation?

If the damage or inconvenience is not rectified, you can claim compensation. In order to receive compensation, you must suffer a financial loss as a result of your neighbour's activities. An example of such a loss is the cost of repairing damage to your foundation because your neighbour has carried out blasting work on their property.

Compensation for a breach of the Neighbourhood Act requires you to show that there is a causal link between the damage and the neighbour's activities. This is a strict liability. This means that the neighbour must pay compensation regardless of whether the neighbour is guilty or not.

Can I take matters into my own hands?

It is not advisable to take matters into your own hands in a conflict with your neighbour. This can cost you dearly. If you choose to cut down your neighbour's tree that shades your view, or demolish the neighbour's outbuilding that you believe is on your property, it could cost you high compensation amounts, legal costs and, in the worst case, imprisonment.

Is it possible to mediate about the Neighbourhood Code?

In a neighbour dispute, mediation can often be a good alternative to a harrowing and costly court case. One option is to use a lawyer to mediate between the neighbours in order to reach an agreement. Another option is to go to Conflict Council, which are tasked with resolving disputes. Conflict councils exist throughout the country and have mediators in every municipality.

Do I need a lawyer?

What constitutes unnecessary or unreasonable damage or inconvenience is not always easy to determine on your own. It will also be difficult to handle a neighbour dispute if the neighbour refuses to find a solution. It may therefore make sense to contact a lawyer who is an expert in neighbour disputes to assess your options and limitations.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally include a so-called legal expenses insurance. This covers your legal expenses up to NOK 100,000 in the event of a dispute, and you must cover a deductible under the insurance. Expenses for a lawyer beyond the legal expenses insurance must be covered by you.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in disputes concerning the Neighbourhood Act with good results. Our lawyers have extensive experience in property law.

Advokatfirmaet Halvorsen & Co assists clients in disputes concerning the Neighbourhood Act at the following locations:

Ringerike, Hønefoss, Ski, Follo, Ås, Kolbotn, Vestby, Nordby, Moss, Enebakk, Indre Østfold, Oslo, Asker, Bærum, Drammen, Hurum, Drøbak and Nesodden.

We always offer a free consultation about your neighbour dispute. Get in touch with us today.

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