Help with Housing Nuisance: What is Serious Nuisance?

Questioner

The Act on Tackling Housing Nuisance has been in effect since 1 July this year. This law states that only in the event of 'serious' nuisance a mayor (mayor and aldermen) measures can be taken against a nuisance maker. My question is, what is meant by 'serious' nuisance? I have been bothered for years by neighbors who come onto my property without being asked, this is not daily but 'with some regularity'. Does this also fall under 'serious' nuisance?

Lawyer

What is 'serious' must be considered in each specific situation. If you are seriously inconvenienced by your neighbours, I advise you to write down exactly how long and when you have been inconvenienced and what this inconvenience consists of. Then you can talk to the neighbours to discuss the situation. If that doesn't help, you can call in the local police officer and, if you have a rental property, the landlord.

Questioner

Thank you very much for your response and advice. Unfortunately, the nuisance from our neighbours has been structural for years. In the beginning, agreements were made in a proper manner, but the agreements (such as reporting when the neighbours were going to carry out work on our property) were violated time and again. This led to total non-communication and unpleasant confrontations. The police had a conversation with the neighbours once, but that had no result. The police now also indicate that this is not within their remit. The problems include a wide range of which I have been keeping a diary for 9 years. Now I thought I could raise the problem with the municipality with the new law, but I do not know what the term 'serious' means. Is this a daily, weekly nuisance?

Lawyer

The term serious is not defined in the law. This means that each situation must be assessed to see what is serious. I advise you to contact the municipality and discuss the nuisance that has been going on for years with them. If it concerns a rental property, I advise you to also contact the landlord if the people causing the nuisance also live in a rental property. If this does not lead to a quick solution, going to court seems to be the only way. If you wish, I would be happy to assist you.