Need honest lawyer in Udon Thani area

[john peder]

Have a dispute with a neighbor who built a noisy rice mill close to our house. It sounds like someone  parks a semi truck outside our house everyday and leaves the engine running. Can't sit outside the noise is so bad. Neighbor won't do anything about it and neither will the local government officials who gave him a permit for the mill but did not consult with his neighbors as to whether the neighbors want a noisy rice mill close by. We would like to sue the rice mill owner (and possibly local government for not consulting before issuing permit) for ruining the peaceful enjoyment of our home as well as the decline in the value of our property due to the nearness of the noisy mill.

Can anyone recommend a good honest lawyer in the Udon Thani area who may be able to assist us? 

Also anyone with a similar problem/experience (anywhere in Thailand) could you please share your experiences/solutions?

We would be very thankful for any help and advice.

[NanLaew]

How big is this rice mill?

 

How far is the noise-making machinery from the nearest part of your property (land) and nearest part of your house?

 

What hours are the milling operations keeping?

 

Is it continuous?

 

If your house is out in the countryside, then planning permission for a rice mill typically doesn't need the neighbors approvals.

 

What do your neighbors think?

[saakura]

Honest lawyer??? Good luck!! Think of quietly selling your property. Fighting the neighbours,  local government, Phuyai baan etc might burn you out and turn you into a bitter man in old age. Even if you fight and win the case, this may aggravate the rice mill owner into other kind of violence, why risk it? I am taking a defeatist attitude and something similar could happen at the next place also if you moved out. But weigh the consequences and dont take a decision in haste.

[john peder]

Hi NanLaew,

 

It is a small mill which meets the permit requirements such as distance from our house and  operating hours  which are not continuous. The noise is also considered within lawful decible range.   Only us and my sister in law next to us are affected. We are on the edge of the village with rice paddies on 2 sides. The mill is located out in a paddy and is reached by a dirt road made by the mill owner.

We won't win a lawsuit based on permit issues but it is possible we may be able to win monetary damages (which could have the affect of forcing the mill owner to shut the mill if he can't afford the damages) for ruining the liveability of our home as well as limiting the sale value of the property if we wanted to sell. We want  to explore this possibility so we would like to talk to lawyer who has expertise in civil suits.

 

john

[john peder]

Hi Saakura,

I don't mind the battle. It will give me something to do!

[tweedledee2]

 

 I personally do not have any first-hand experience with the courts or legal system in Thailand. You are assuming that by filing a civil lawsuit against the mill operator will result in a judgment in your favor and monetary damages will be awarded to you. You are not in your home country where there probably are numerous federal, state, county, city laws, p&z, EPA and other government agencies that you could use for legal resources.  Even if you could find a lawyer to represent you and file a suit, you may be the person paying monetary damages, the rice mill will still be in operation and maybe a charcoal plant too.  God help you if he decides to raise hogs. 

     

[colinneil]

On 3/5/2018 at 9:05 PM, john peder said:

Hi NanLaew,

 

It is a small mill which meets the permit requirements such as distance from our house and  operating hours  which are not continuous. The noise is also considered within lawful decible range.   Only us and my sister in law next to us are affected. We are on the edge of the village with rice paddies on 2 sides. The mill is located out in a paddy and is reached by a dirt road made by the mill owner.

We won't win a lawsuit based on permit issues but it is possible we may be able to win monetary damages (which could have the affect of forcing the mill owner to shut the mill if he can't afford the damages) for ruining the liveability of our home as well as limiting the sale value of the property if we wanted to sell. We want  to explore this possibility so we would like to talk to lawyer who has expertise in civil suits.

 

john

Sorry to hear of your problem mate, but this is Thailand.

Why would you even think that you have any chance of winning this?

If as you say the mill is in a paddy and the local government gave him permission you are on a hiding to nothing.

 

Also you are trying to find an honest lawyer, well they are as rare as rocking horse s++t.

I feel your only option is grin and bear it.

[NanLaew]

On 3/10/2018 at 3:38 PM, colinneil said:

Sorry to hear of your problem mate, but this is Thailand.

Why would you even think that you have any chance of winning this?

If as you say the mill is in a paddy and the local government gave him permission you are on a hiding to nothing.

 

Also you are trying to find an honest lawyer, well they are as rare as rocking horse s++t.

I feel your only option is grin and bear it.

...or get a dog. A barky one.

[jackdd]

There is a law in Thailand which prohibits to make too much noise, but i doubt this will help much if he has an official permit.

But not all Thais are <deleted>, so if for example you like to sit outside in the morning it could help if you just ask him to not run the mill in these hours.