Couple in £4,000 legal battle over pond which ‘makes them need the toilet’
SWNS
The constant, never-ending trickling of a pipe led to a costly legal battle for a couple who claim it made them ‘need the toilet’.
The endless gurgling noise was an ‘intolerable nuisance’, said Sarah Smith, 47.
She told magistrates in Chelmsford, Essex, ‘The noise is intolerable and the feature is left on 24 hours a day, even when he goes on holiday.
‘Even when I let my dog out for a wee in the middle of the night I can hear it going.
Simon Smith, 49, said: ‘So far this two inch pipe has cost me four grand in legal costs.


The pond in Little Baddow, Essex. See Masons copy MNPOND: A couple have lost a costly legal battle with their neighbour over claims his garden POND is too noisy. Sarah Smith, 47, claimed the water feature at Soroush Ebrahimi's property is an "intolerable nuisance" to her family as it is left on 24-hours a day. During a two-year fight, she has called out council noise officers to measure the decibel level of the pond and they said it was fine. Mrs. Smith, who lives in a £800,000 house, went to court hoping magistrates would order her neighbour to turn off his filtration system. But her case was thrown out after a three-hour trial when the court said her claim was 'unnecessary'.
The pond in Little Baddow, Essex SWNS
‘It’s not even a water feature – it’s just an ugly bit of pipe.
Nick Ham, defending Mr Soroush Ebrahimi, said: ‘The noise from the pipe was found to be around 40 decibels, which is the same level as a refrigerator or quiet speech; he has done all that has been asked of him at every turn and
The magistrates found Mr Ebrahimi not guilty of being responsible for a statutory nuisance.
Soroush Ebrahim who has the pond at his property. See Masons copy MNPOND: A couple have lost a costly legal battle with their neighbour over claims his garden POND is too noisy. Sarah Smith, 47, claimed the water feature at Soroush Ebrahimi's property is an "intolerable nuisance" to her family as it is left on 24-hours a day. During a two-year fight, she has called out council noise officers to measure the decibel level of the pond and they said it was fine. Mrs. Smith, who lives in a £800,000 house, went to court hoping magistrates would order her neighbour to turn off his filtration system. But her case was thrown out after a three-hour trial when the court said her claim was 'unnecessary'.
Soroush Ebrahimi
Mr and Mrs Smith have 28 days to pay Mr Ebrahimi’s legal costs in full. The amount was not disclosed.
The Smiths, who lives in a £800,000 house, went to court hoping magistrates would order her neighbour to turn off his filtration system.