BAD NEIGHBOURS
BAD NEIGHBOURS
How to Deal with Them
Having an issue with a neighbour is not an uncommon problem that can arise. Resolving the problem needs careful, if not diplomatic handling to prevent the dispute escalating.
If the initial conversation with the neighbour fails to fix the problem, then document the incidents of anti-social behaviour, noise, music late at night or property damage. A camera recording of the incident is very helpful and informative if the matter goes to court.
If there are safety or severe harassment issues, then contact An Garda Síochána. However, most nuisances are civil matters governed by specific local and environmental laws.
Types of Disturbances
· Noise: If loud music, DIY, or barking dogs persist, you can pursue a civil remedy in the District Court under Section 108 of the Environmental Protection Agency Act, 1992.
· Harassment: If a neighbour's actions cause fear, distress, or alarm, it may be classified as "antisocial behaviour" under the Non-Fatal Offences Against the Person Act, 1997 such as persistent pestering, watching, or following can be treated as harassment, requiring detailed records of the dates and times. This is a criminal matter, but it could be preceded by a letter from your solicitor threatening a complaint to the Gardai which might resolve the matter.
· Property Boundaries: These quarrels are more technical and will require your solicitor to advise on the boundary lines of your property. Walls and fences are generally owned in common by adjoining property owners (i.e. each owns half) but not in all cases.
· Rented Property: If the adjoining property from where the problem comes from is rented property, the landlord or management company is responsible.
If the problem persists after attempts to resolve the matter with the neighbour, your solicitor could propose mediation. If that fails or if the neighbour refuses mediation, then the only path left is to proceed to court.
Going to Court
As with any court case, the person bringing the case (the plaintiff) must prove to the court the nuisance they have endured because of the action(s) of the defendant. Here the best course is to show the court as much evidence as possible, photographs, recordings and ideally, witness statements to the disturbances or whatever the complaint is.
The defendant will give their side of the story, and the judge makes his/her decision. If the judge finds in favour of the plaintiff, the judge will issue an order. It might be an order to cease the disturbance or reduce it. Any breach of the order made then is brought back to court. A breach of a civil court order is a serious violation that can lead to severe legal penalties. The judge can impose penalties for this breach which includes a prison sentence.
Your solicitor will advise on the steps to be taken.