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