French court rules in favour of ducks in neighbour’s noise complaint case

A couple who took their neighbour to court claiming her quacking poultry were causing noise pollution have lost their appeal… because the ducks were there before they were. 

The couple moved into their home in Soustons (Landes) in 2018 but found the many ducks and geese on the farm next door disturbed their peace.

They took their farmer neighbour to court, arguing her animals were causing an “environmental nuisance” in the area and that she should quieten them or be fined. 

However, in a decision on March 11, 2025 the Pau Court of Appeal ruled in favour of the farmer. 

The judges based their decision on the “principle of anteriority” ie. the ducks had been quacking long before the new neighbours moved in next door. 

In fact, the farmer had owned the property since 1981. 

Read more: Important rules for property owners with a garden in France

Noise pollution

Under French law, a neighbour cannot complain about noise pollution that existed before they moved in. 

The complaint was unfounded, the court said, because the plaintiffs could not have been unaware of the noise having visited the property several times before they bought it.

The appeal came after complaints by the couple were dismissed by the Dax court in 2019 and 2021. 

This was despite an expert appraisal confirming the noise from the ducks caused a disturbance. 

The appraisal found that “the quacking of the geese, ganders, and ducks exceeded the required noise level and that the resulting nuisance was proven, both day and night”. 

However, the expert also noted the farmer had owned ducks and geese for many years and they were present when the neighbours visited the house before buying. 

They added that the farmer had decreased the number of poultry she kept from 170 to 50, which would likely reduce the noise. 

The couple were ordered to pay the costs of the original complaint and appeal, and to pay the farmer €1,500 for costs incurred during the latest appeal. 

There have been several similar rulings in France in recent years relating to complaints about farmyard noise.

Read more: Neighbour takes couple to court over cockerel noise disturbance

Noisy neighbours cases

In 2024, a man in Haute-Savoie was ordered to get rid of his cockerel after neighbours took him to court for causing a disturbance and affecting their sleep. 

And in 2022, a farmer was fined over €100,000 after the noise and smell of his cows caused abnormal neighbourhood disturbances when he expanded his farm. 

In 2024, France’s National Assembly adopted a new bill that aimed to clamp down on complaints from newcomers about typical countryside noises and smells. 

The law states that any activities that existed before the complainant moved in cannot be classified as “abnormal neighbourhood disturbances”. 

It will also apply to towns and cities. For example if a pizzeria on a ground floor produces noise and smells, someone who subsequently moves into an upstairs apartment cannot complain, as the business was there first.