Homeowners have rights


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


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

Hands Against Racism takes over Surrey City Hall

Event included music, dance; two people received awards

Surrey couple visits the Philippines each year to give back to wife’s former village

Nissa and Bob Clarkson give toys to children, provide medical-dental missions

Upbeat White Rock concert blends ecology, history

The Wilds and Tiller’s Folly raise ‘Voices for the Salish Sea’

South Surrey mother guilty of second-degree murder in death of daughter

Lisa Batstone ‘took seven decades of Teagan’s life’

Sparks fly as SUV speeds down wrong side of Highway 1 trying to flee RCMP

Captured on video, the vehicle headed westbound against oncoming traffic before crashing

VIDEO: Vancouver fall to Seattle in Game 2 of the playoffs

Thunderbirds topple the Giants 4-1 in Langley, evening the Western Conference series one game each

Calgary captain has 3 points as Flames torch Canucks 3-1

Giordano leads way as Alberta side cracks 100-point plateau

1,300 cruise ship passengers rescued by helicopter amid storm off Norway’s coast

Rescue teams with helicopters and boats were sent to evacuate the cruise ship under extremely difficult circumstances

B.C. university to offer first graduate program on mindfulness in Canada

University of the Fraser Valley says the mostly-online program focuses on self-care and well being

Province announces $18.6 million for B.C. Search and Rescue

The funding, spread over three years, to pay for operations, equipment, and training

Vancouver-bound transit bus involved in fatal crash near Seattle

One man was killed and a woman injured in crash with bus purchased by TransLink

Late-season wave of the flu makes its round in B.C.

BC Centre for Disease Control reported 50 per cent jump in flu cases in first weeks of March

Most Read

l -->