Neighbour disputes are very difficult to deal with from a social perspective. If the dispute is with someone who lives close to you, it can be concerning to escalate the issue.
Neighbour disputes arise for a variety of reasons, most commonly these include anti-social behaviour such as loud noise at unsociable times, parking, a party wall or a boundary hedge issue.
The law has clear boundaries that define what can be classed as harassment. Citizens Advice provide some tips that can help with resolving the dispute before escalating the situation with lawyers.
What is harassment?
Harassment is defined as types of behaviour that ‘cause alarm or distress’, or ‘put people in fear of violence’. This can include threats of violence or an actual act of violence, verbal abuse, threats or actual damage to property or possessions, as well as written forms of abuse or threats. In broad terms neighbour harassment is any act or behaviour from a neighbour that disturbs peace or security, or causes unnecessary inconvenience.
Proving harassment
When experiencing harassment from a neighbour, the most important thing is to keep records of when the harassment occurs. Keep details of what the occurrence was, any communications between the parties as well as dates and times of the incident.
Continue documenting the harassment for as long as it is ongoing, even if you have instructed a lawyer to assist you.
What can a victim of harassment do?
There is case law for harassment and for harassment to merit legal intervention, there must have been a ‘course of conduct’, of more than two related instances of harassment. The behaviour does not need to have been violent, but must have caused some alarm or distress, or have an element of oppression.
The amount of time between instances of harassment will be considered when determining if a course of conduct has occurred, but all instances will be taken in account. All individual instances will be subject to the ‘reasonable person’ test, this means that is will be judged as to whether an average person would have been put in distress by the instances of harassment.
If the matter concerns noise it may be serious enough to be dealt with by your local environmental heath team, or if it involves criminal activity you should report the matter to the police.
Advise your landlord if you are in rented accommodation, try to reduce, and if possible avoid, confrontations. Retaliatory action can harm your case if it ends up in legal action.
Remedies
Formal mediation should always be considered, this does not necessarily mean you have to come face to face with the neighbour involved.
Seek legal advice as to whether you have sufficient evidence to bring a civil claim (the perpetrator does not have to be charged by the police) for an injunction. Breach of an injunction can carry a prison sentence of up to five years.
If you would like to discuss any issues related to disputes with neighbours please feel free to contact me on caroline.knowles-ley@cognitivelaw.co.uk.