Homeowners have rights

Editor:

Re: The pub was here first, Oct. 3 letters.

Editor:

Re: The pub was here first, Oct. 3 letters.

I respect the opinions of letter-writer Russell Marshall, but I have a problem with his suggestions.

He admits the pub is a source of annoyance to neighbours who have to put up with the fights, garbage and noise. His solution: If you don’t like it, move out to sea where you may be disturbed by the whales.

This shows a lack of concern and respect for the legitimate rights of homeowners to not be subjected to fights, garbage and noise. According to the original letter to PAN (Chaos at closing time, Sept. 24), homeowners sustain sleepless nights from the chaos which goes on till 2 a.m. This results in constant calls to police, who can only do so much.

Marshall’s main point seems to be the pub was here first, and he suggests this implies a special status for patrons to have a good time and asks that homeowners be tolerant in this situation. There are no legal grounds to support this argument.

In fact, there is precedent in tort law that recognizes that landowners have the right to the reasonable comfort and convenience in occupying their land.

Under the law, loud noises are recognized as an example of a private nuisance. Legal remedy and civil liability is determined by the courts, and all mitigating circumstances on both sides are considered.

Some readers may remember a few years ago, a private nuisance case from this area was settled in favour of the plaintiff. In this case, people moved close to a mushroom farm and objected to the continual smell without success. Legal action followed, but I am not sure if the case actually went to court.

Charles Parrott, Surrey

 

 

Just Posted

City of White Rock, SFN reaffirm close ties

National Indigenous Peoples Day celebrated on June 21

Surrey RCMP raises Pride flag Monday amid din of protesters

There were about 30 protesters on either side, and 20 Mounties doing crowd control

GUEST COLUMN: Looks like TransLink aims to ‘short-circuit’ plan for rail service on Interurban corridor

‘We are not going away,’ writes Rick Green, of South Fraser Community Rail Group

UPDATE: ‘Shots fired’ report in Cloverdale neighbourhood was likely fireworks, say RCMP

Surrounding neighbourhood evacuated, street closed in both directions as officers investigated

Swansong Ride2Survive raises $1M-plus in single-day cycle from Kelowna to Delta

Saturday’s ride was the 15th and final fundraiser of its kind for North Delta-based charity event

Video shows fireworks shot at swan in Alberta

Alberta Fish and Wildlife is investigating the incident in Grande Prairie

Grey-haired bank robber hit with dye pack in Langley heist

Police are looking for an older man who may be stained with dye

‘Text neck’ causing bone spurs to grow from millennials’ skulls, researchers say

Technology use from early childhood causing abnormal bone growths in 41 per cent of young adults

B.C. teen killed by fallen tree on field trip remembered as hero

13-year-old Tai Caverhill was the first to spot the tree falling and warned his friends

Should B.C. get rid of Daylight Saving Time?

The province wants to know, as state governments down south make the move

Air Canada reviewing how crew left sleeping passenger on parked plane

In a Facebook post, the woman said she woke up ‘all alone’ on a ‘cold dark’ aircraft

Canadians crash out of Women’s World Cup in 0-1 loss to Sweden

Canada missed a chance to tie the game on a penalty shot

New Lower Mainland bistro caters to board game fans and families

Local food and games at every table is the formula for the new business

Four-year-old boy assaulted at B.C. soccer game

It happened at a weekend tournament in Ashcroft

Most Read

l -->