A case study on abnormal neighborhood troubles caused by a homeowner's installations and pool usage, and the legal recourse available to affected neighbors.
Extract
[...] On the troubles inherent to the use of the pool In this case, Mrs. Godet and the Magnac spouses are complaining about the noise and smells coming from Julien's new pool. It belongs to the judges of the lower court to investigate whether the nuisances exceed the normal inconveniences of the neighborhood (Cass. civ. 3and 24 October 1990, n°88-19.383), notably by appreciating the circumstances of time and place of the said troubles (Cass. civ. 3e November 1977 ; Cass. civ. 2e March 1997, n°95-12.922 ; Cass. [...]
[...] 3and 24 October 1990, n°88-19.383), and in appreciating the circumstances of time and place (Cass. civ. 3and November 1977 ; Cass. civ. 2and March 1997, n°95-12.922 ; Cass. civ. 2and May 2000, n°98-17.532. In this case, the fact that Mrs. Godet is deprived of light in her living room due to Julien's recent and high installations constitutes an abnormal disturbance of the neighborhood in light of the jurisprudence of the Court of Cassation (Cass. civ May 1973 ; Cass. civ. 2and April 2001, n°08-13.760 ; Cass. civ. 3and July 1972, n°72-12.880. [...]
[...] His neighbor, Mrs. Godet, complains that she no longer has any light in her living room due to the high poles, and that the pool's frequentation generates noise and odors. The Magnac couple, on the other hand, live several houses away from Julien and complain about the noise and odors from the pool. The question is whether the neighbors can act against Julien for these various troubles. It is necessary to distinguish on the one hand the lack of light suffered by Mrs. [...]
[...] Godet, she can act against Julien. It is the same for the odors. Concerning the spouses Magnac, the latter are not direct neighbors of Julien as they live in fact a few houses away from his. It is up to the spouses Magnac to demonstrate that they are victims of the noises and odors coming from Julien's pool despite their distance. Thus, Mrs. Godet can act against Julien for the noises and odors coming from his pool, provided that they are repeated or persistent and affect her quality of life. [...]
