LawRato

I face troubles from my Neighbor as she is not allowing me to sleep


18-Sep-2023 (In Civil Law)
Sir, I live in sector 107 Noida.A woman living at the flat just above my flat is creating huge problem for me.This person is literally not letting me sleep.As soon as I fall asleep,she either throws some object on the floor(which is the roof of my flat as her flat is situated just above mine) or plays a recorded sound of doorbell,intercom or mobile ringtone which disturbs me greatly during the sleep.For the last 10 months or so I have never been able to get a sound sleep even for a single day. She uses a sound enhancer device to know if I am wake up or asleep.I have habit of snoring while sleeping so using her device she learns exactly when I am sleeping.I have gotten my flat checked for hidden bugs,spy cam or audio devices etc and we found none such device at our flat so I am sure she uses a sound enhancer device to figure out when I am asleep. Sir,I have suffered too much due to her actions and now I want to open a case against this woman.Please tell me how to proceed.
Answers (1)

Answer #1
698 votes
You can make out a case of nuisance under the law of torts. Nuisance refers to unreasonable inference. Herein an action for private nuisance will lie.Following elements need to be made out
1. Unreasonable interference
2. It is in respect of enjoyment of land
3. Actual damages must have been sustained on account of such interference.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."