That appeal case suggests that it probably is enforceable then (as I believe it should be), the only reason that case failed was the defendant had a licence for alterations which included underfloor heating and timber floors. I suspect I read something similar but only scanned through it and missed the vital points. D'oh.
Unfortunately, any court case between neighbours will always be costly, but not necessarily winnable. Far better to pursue the case as a noise complaint under the anti social behavioural rules.
As both parties own part of the freehold, there is no landlord or tenant route to be explored, but a chat with a solicitor may be worthwhile, and the initial chat is often free. Alternatively, do you have legal cover on your home insurance policy.
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