Noisy children on a trampoline make our lives a misery: Do we have a right to privacy?

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I pray for rain every day between 4pm to 7pm, and at weekends. How far away from our boundary fence and house should a trampoline be under privacy law, please?

Our house and that of our neighbour are very close together on three floors. We have to keep all doors, windows, vents and curtains closed because of two noisy children on a trampoline and in a kids' swimming pool abutting our boundary fence.

A recent event with visitors began at 2pm and continued non-stop until 7pm. 

When I finally sent a polite text to my neighbour requesting them to quieten down, the response was 'no', followed by several malicious communications.

You can't have reasonable discussions with people like this. I think she was too busy drinking bottles of wine with her friend. What can I do? This can't continue. 

Trampoline trouble: A This is Money reader has problems with noise from kids on a trampoline

Jane Denton replies: I frequently walk past a small semi-detached house, surrounded by other flats and houses.

Each and every time I walk past this house, I can hear and then see a child with blonde hair leaping up and down on a circular netted trampoline in a small garden. 

The repetitive boings of the springs can be heard from some distance away and my heart sinks for the neighbours. 

While bouncing, the child in question always peers over the tall fence to check out what's going on in the outside world. Perhaps his family could take him for a walk in the nearby woods instead? 

Suffice to say, yours isn't the only complaint I've received concerning trampolines and their proximity to boundaries and fences. 

But how this is viewed in the eyes of the law is far from clear. An online petition  by an elderly couple to the Government of the time asking for privacy laws to come into play amid disputes involving trampolines and neighbouring properties was rejected. 

The Government at the time said the petition was rejected because it involved 'something that the UK Government or Parliament is not directly responsible for.'

Your question about whether privacy laws apply in cases like these is interesting, but I am afraid the responses may not be what you hoped for. 

That said, going down the route of proving that a statutory nuisance is present or appointing a mediator to help resolve the dispute could be reasonable alternative options.  

Advice: Solicitor William Cook 

William Cook, a solicitor at Mullis & Peake, says: I am sorry to read of the distress you are suffering as a consequence of your neighbour's noise.

Unfortunately, there is no specific legislation which provides a distance by which an object such as a trampoline should, or should not, be placed from a boundary fence, unless of course they encroached over your boundary.

It is unfortunate that you are required to take steps like keeping your windows, doors and air vents closed. This undoubtedly detrimentally affects your usage and enjoyment of your home and garden.

We would advise clients to contact their neighbours to ensure the issues are raised and heard directly. In some cases this can lead to a mutually satisfactory outcome. However, I note that your attempts in this regard have been met with hostility.

A further amicable option may be mediation, at which both you and your neighbours can meet with the assistance of a mediator. 

A mediator is a neutral third party, who is generally legally qualified, but will not provide a ruling. 

Instead, the mediator permits both parties to air their concerns in turn, either in the same or in separate rooms, and will assist in narrowing the issues to facilitate a solution. Mediation often now takes place remotely.

Make it stop: The boings from the springs of a trampoline can be heard from  far and wide

If that doesn't work your local authority be willing to intervene, but only if a statutory nuisance exists. 

Local authorities are required to take reasonable steps to investigate your complaint. If the levels of noise are deemed to be above a permitted level, your neighbours may be served with a warning notice, which, if ignored, can lead to a fixed penalty being issued.

Alternatively, you may wish to seek advice in the drafting of a formal letter on the basis of the neighbour's action amounting to a private nuisance. 

By definition, a private nuisance is a violation of your property rights, whereby a substantial interference is caused to the ordinary enjoyment of your land. 

The interference must be 'substantial' and the court will assess the noise suffered to determine whether a reasonable person would deem the alleged nuisance to affect the quiet enjoyment of your land, taking into account factors such as the time of day or night, its duration and its proximity to your property. 

Within the letter, a request to cease the nuisance should be sought within a timeframe, along with an undertaking from your neighbours to refrain from such acts in future.

Actions in private nuisance are often brought on the basis of noise, and courts are prepared to restrain noise caused during unsociable hours. 

A court will consider, however, that some noises will not be actionable if they take the form of everyday sounds, for example, noises via thin walls.

If your neighbour continues to ignore your correspondence, the final action would be to seek an injunction to restrain them from using the trampoline and causing a nuisance. 

Damages could potentially be paid to you if the court is satisfied they would remedy the situation. 

Christopher Lee, a solicitor at BDB Pitmans, said: There is no set distance that your neighbour's trampoline must be from the boundary fence or your house under privacy or property laws. 

One option would be to consider a private nuisance claim against your neighbour at court. 

To succeed, you would need to persuade a court the noise is causing a 'substantial' interference with your ordinary use of the land. 

Useful evidence could include notes of when the noise occurs, how long it lasts and the effect it is having on you, together with relevant communications with your neighbour. 

It could also be useful to ask an independent acoustic surveyor to measure the noise level while it is occurring. 

Solicitor Christopher Lee, of BDB Pitmans has some handy advice about malicious communications from neighbours 

Noise can also be a statutory nuisance under section 79 of the Environmental Protection Act 1990, so you could report the noise to your local authority, which has a duty to investigate and take appropriate action. 

This could involve environmental health officers visiting your home to evaluate whether they deem there is a statutory nuisance. If so, the local authority can serve an abatement notice requiring your neighbour to stop or limit the noise, or risk a fine. 

A further option to take action against a statutory nuisance would be to bring a private prosecution in the magistrates' court under section 82 of the EPA. 

You would need to provide evidence of the nuisance and any related communications, to prove the noise interference was substantial and is having a negative impact on the enjoyment of your home. 

If this succeeds, the court can order the nuisance to stop and levy fines against your neighbour if it continues.

Alternatively, a mediator from an organisation like the Civil Mediation Council could also be helpful in avoiding a long and expensive dispute.

Finally, depending on the contents of your neighbour's 'malicious communications', these could also amount to a criminal offence under the Malicious Communications Act 1988. 

If they have caused you distress or anxiety, you may wish to consider reporting these to the police to investigate further.