Neighbour making noise to stop us using garden - what level is unacceptable?

Supersonos

We have a front and back garden and our neighbour's house is next to our back garden.  For several years we've only used the front garden but, over the winter, we re-landscaped the back garden and have been hoping to enjoy it.

But whenever we go out there, the neighbours put on music and become generally very loud - we assume because, after years of total privacy, they don't like that we're now sitting nearby.  But how much noise is too much with regards to the law?  I don't want to ask them to knock it off if it turns out they're actually doing nothing wrong.

GDB2222

Quite a bit of noise is acceptable during reasonable daytime hours. 

I think you need to discuss this with them, as they may have a legitimate concern, even if their means of showing it is a bit infantile. For example, you may have made a raised area that overlooks their garden. 

the_lunatic_is_in_my_head

Supersonos said:

 we assume because, after years of total privacy, they don't like that we're now sitting nearby.  

If that is the reason the best thing to do is nothing at all as they will give up if they don't get a reaction. 

Supersonos

the_lunatic_is_in_my_head said:

Supersonos said:

 we assume because, after years of total privacy, they don't like that we're now sitting nearby.  

If that is the reason the best thing to do is nothing at all as they will give up if they don't get a reaction. 

This is what we've been doing.  Not retaliating (ie playing music back at them etc.) and trying to ignore it but they're being more persistent.  I went out there yesterday to read a book and after about half an hour answered my phone - within seconds loud music went on as they became aware I was in the garden.  

It's getting too much now, so I think we're going to have to do something, but I think neighbourly relations are very important.

Bigphil1474

In most council areas, the law is the Environmental Protection Act 1990 and statutory nuisance. They have to establish nuisance i.e. the level of noise constitutes a nuisance in law (not just annoying). This can be based on the level and/or frequency of the noise, and how it affects you. There is no particular time that applies, but noise in the daytime is generally less of an issue than at night, but can still be a nuisance. They would normally ask you to keep a diary of events over a four week period, or possibly install noise monitoring equipment. They will review your diary and take action from there. First stage is to serve a notice which prohibits them from causing a nuisance. If they breach that notice they can be prosecuted and have their noise making equipment seized. In some council areas they will use anti-social behaviour laws instead, which are different and I have no experience of. 
Best bet is to have a word with your council. Bear in mind that noise complaints form part of property searches so if you are thinking of moving, I'd maybe leave it.

Mojisola

Supersonos said:

But whenever we go out there, the neighbours put on music and become generally very loud - we assume because, after years of total privacy, they don't like that we're now sitting nearby. 

In addition to the diary as suggested above, make clear that the noise is being used by them to prevent you using the garden - that's not just a noise problem, it's the neighbours trying to intimidate you.

If you continue to use the garden without reacting to the noise, they may get bored or they may increase the intimidation - having a record of a pattern of behaviour will be useful if things get worse.

TELLIT01

In the short term I would not show any obvious reaction and they may give up anyway.  Do keep a record of every event for reference in case you need to take it further in the future.

Jeepers_Creepers

As said above - start to build evidence. Note down what happens in detail, dated and timed.

You can even try going out at random times, sitting quietly for a period, and then setting your phone to go off... Note any response.

FaceHead

Options are:
1. Try to modify their behavior, through collecting evidence, complaining to councils etc. 
2. Ignore
3. Move

It doesn't sound like it's bad enough for 3?

1. is unlikely to be effective, as it seems all you'll be doing is collecting evidence that they are playing loud-ish music during reasonable daytime hours, which is entirely their right. Trying to modify this behavior will be unsuccessful and create further animosity.

Which leaves you at 2. Ignore. This will be better for your own wellbeing than obsessing over the issue and keeping a diary. Allow it to slide off you and take a mindful c'est la vie attitude. Conveniently, this might even be the course of action most likely to successfully cause their behavior to change. 

Edit: Further benefit of 2. over 1. is that you can progress from 2. to 3. if it's really awful, whereas going from 1. to 3. means you then need to declare the issue due to the complaints you've been making.

Mistral001

FaceHead said:

Options are:
1. Try to modify their behavior, through collecting evidence, complaining to councils etc. 
2. Ignore
3. Move

It doesn't sound like it's bad enough for 3?

1. is unlikely to be effective, as it seems all you'll be doing is collecting evidence that they are playing loud-ish music during reasonable daytime hours, which is entirely their right. Trying to modify this behavior will be unsuccessful and create further animosity.

Which leaves you at 2. Ignore. This will be better for your own wellbeing than obsessing over the issue and keeping a diary. Allow it to slide off you and take a mindful c'est la vie attitude. Conveniently, this might even be the course of action most likely to successfully cause their behavior to change. 

Edit: Further benefit of 2. over 1. is that you can progress from 2. to 3. if it's really awful, whereas going from 1. to 3. means you then need to declare the issue due to the complaints you've been making.

Good advice.  As Facehead has said let it slid off you 

Herbalus

I would invest in some noise cancelling headphones. Then you can sit in your own garden listening to your own thing, and if they are doing it on purpose it will become blindingly obvious it doesn’t affect you.

plus it will be much easier to ignore it if you can’t hear it.