After several years of neighborhood conflicts, a judge of Sanlúcar la Mayor has sentenced a neighbor of Villanueva del Ariscal for the inconvenience that his dog’s barking has caused to the neighbors around him for more than four years. The judge sentences him to payment of 3,500 euros for the moral damages caused as well as the immediate cessation of these noises. As recorded in the proven facts of this sentence, the dog’s barking reached 90 decibels outsidery exceeded the 6 decibels allowed inside the home.
In the ruling issued by the Court of First Instance and Instruction number 1 of Sanlúcar la Mayor it is emphasized that «No one is obliged to tolerate certain levels of noise in the privacy of their home.“and also makes it clear that “property cannot go beyond what respect for neighbors determines.” This resolution marks a precedent in the defense of the right to tranquility in the home and the responsibility of animal owners to ensure peaceful coexistence in residential environments. In short, the rights of owners and animals end where the rights of others begin.
The Court of First Instance and Instruction number 1 of Sanlúcar la Mayor handed down a sentence against this uncivil neighbor for the inconvenience that his dog’s incessant barking caused to the neighbors between 2018 and 2022. Furthermore, he was criminally convicted of threatening to kill one of the complainants several times. According to these residents of Villanueva del Ariscal, the events date back to 2018, when, despite the initial attempts to mediate directly with the owner of the animal, he did not show any willingness to solve the problem, but on the contrary, he gave the animal free rein and the annoyance increased due to the German shepherd’s barking.
The complainants formally initiated a petition for mediation process to try an agreed upon and compliant solution to put an end to this situation, but the neighbor who owned the animal abandoned the mediation without wanting to reach any understanding. The conflict escalated quickly with the filing of a multitude of individual and collective complaints before the City Council, which did not provide a remedy to the problem. However, the acoustic discomfort persisted, seriously affecting the quality of life of residentswho faced mental health problems, such as insomnia and anxiety.
The confrontation reached its most critical point when the angry neighbor threatened to burn one of the complainants alive in her own home. For this threat, he was criminally convicted and in a final sentence by the Provincial Court of Seville to compensate the victim with 5,600 euros.
During the process, the multitude of evidence provided confirmed that the barking occurred frequently (morning, afternoon or night) and also exceeded the permitted acoustic levels, making those affected unable to enjoy peace of mind in their homes. One of these tests was expert report issued by a industrial engineerin which it was shown that the dog’s barking reached 90 decibels outside and exceeded the 6 decibels allowed inside the home in areas such as the bedroom or living room of those affected.
The judge emphasized in the sentence, making special reference to the jurisprudence on noise pollution and fundamental rights, as the Supreme Court indicates that “no one is obliged to endure certain levels of noise in the privacy of their home” or also makes it clear that “property cannot go beyond what respect for neighbors determines.”
As reflected in the ruling, this case highlights the importance of good neighborly relations and legal limits regarding acoustic emissions. As explained to this newspaper, The neighbors “celebrate” the ruling, and above all that justice “recognizes their right to live in peace”.
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