Noise Nuisance, Right of Way Obstruction and Encroachment: Bailiff Report

Direct Answer: How to prove abnormal neighbourhood nuisance in Tunisia?

Under Tunisian law, the Code of Obligations and Contracts and the Real Rights Code (Code des Droits Réels), neighbours are civilly liable for abnormal disturbances exceeding ordinary neighbourhood tolerance: repeated noise, odours, smoke, blocking a right of way or encroaching on the boundaries of a plot. To stop the nuisance before the summary judge (référé) or to claim damages, the victim must provide solid material evidence. An inspection report by a judicial bailiff (huissier de justice), drawn up under Article 13 of Organic Law No. 2018-9 of 30 January 2018, objectively records the reality of the disturbance, its source and its immediate effects, and is the key document of the case. It can cover night-time music, compressors, unauthorised workshops, a raised building blocking light, a wall closing off an exit or fencing that encroaches on the adjoining property. For night-time noise, the bailiff can carry out a night inspection, with judicial authorisation where necessary.

Nuisances at a glance