Cock a doodle doo – Neighbourly Disputes

It was recently reported in the media that a German farmer is defending her cockerel’s ‘right to crow’ in court proceedings. The case has attracted nationwide attention and is reinforcing calls for the sounds of rural life to be protected.

The cockerel, called Meister Eder, is owned by Karin Pfeifer Rockenfeller. Ms Rockinfeller is being sued by her neighbour who is demanding that Meister Eder be locked in a soundproof room at night. Ms Rockenfeller argues that a soundproof room would harm Meister Eder’s health as the sound proofing would make his coop too warm. The neighbour is claiming that he is entitled to peaceful enjoyment of his property under the Human Rights Act.

Peaceful enjoyment means that a person should be able to possess his or her premises in peace, without disturbance by hostile claimants. Quiet enjoyment is the right to the undisturbed use and enjoyment of real property by a tenant or landowner.

Unfortunately, neighbourly disputes are all too common. Litigating against your neighbour is not a route anyone wishes to go down and it would be our advice that you do whatever you can to resolve any disagreement with your neighbour as quickly and as amicably as possible. Sometime this may not be possible and, if that is the case, you can contact our team for advice.