Legal assistance in case of nuisance caused by flagpole


Questioner

Day Behind my dike house, with large windows and a quiet view, owners of a plot of land (garden) not adjacent to their house have attached a flagpole with a large flag to their fence, on the property boundary with municipal land, the street. It concerns the Markervlag (in the bright colours blue and yellow. Because I live in a dike house (two floors at the front and three at the back) I actually live at eye level with the flag. It flies all day in front of my window, even though it is 3.50m away, the flag is constantly in my field of vision. (only a narrow road and ditch in between). The flag also flies over municipal land. I am bothered by the flapping sound in the wind, also at night when it is blowing, I can not keep a window open in my bedroom. But I am especially bothered by the explicit presence of this flag through the bright colors, as if it is invading my house. I want to enjoy the light and the view and so curtains closed is not an option. The flag also causes unrest by seeing the moving bright colors all day long also in reflections with glass interior door and the windows opposite. I work at home in the living room so .. Many friendly requests to the owner to remove the flag were of no avail. No compromise proposal either, winter not, summer yes (then I'm gone). They themselves do not live near this garden but a few houses further and therefore do not see the flag from their house. Is there anything to be done about this? The government website does not provide any clarity on this. It's not about the Dutch flag. Is there a legal solution for this? https://www.rijksoverheid.nl/onderwerpen/grondwet-en-statuut/question-en-answer/wanneer-kan-ik-de-vlag-uithangen-en-wat-is-de-vlaginformatie

Lawyer

There are two possible solutions, one is to establish a violation based on a local ordinance and then request the municipality to enforce it, the second is to act based on neighbour law: neighbours may not cause each other unlawful nuisance through stench, loss of sunlight, noise, vibrations, gases. etc. I can help you with both investigations and also draft a good letter that can be sent to your neighbors.

Questioner

Thank you very much . Is it a violation? And unlawful nuisance? Please investigate and send a letter. Are there any costs involved? I'd like to hear it Thank you very much in advance.

Lawyer

Please contact me directly for this, I am not allowed to mention information about prices, etc.

Take the next step

Don't keep questions about your situation to yourself. Ask your question and get a personal answer from an experienced lawyer.
Privacy is guaranteed .