We all have neighbours. Do you agree? Be it staying in bungalow houses, terrace houses, condominiums or even shop lots. What do you do when you have annoying neighbours?
What do you mean by annoying neighbours? Here are some examples:
- Ramming their car so loudly in the middle of night;
- Parking their car blocking/partially blocking your house entrance;
- Making open fire causing heavy smoke to your neighbourhood;
- Singing karaoke so loudly on daily basis;
- Letting the dogs to bark all night keeping the neighbour awake;
- Letting their cats to shit on your compound/ garden;
- Continuously knocking/banging your wall at odd hours;
- Keeping empty tins which become a breeding place for mosquitoes;
And the list goes on …
These acts are often construed as Nuisance in Tort. If these acts were done continuously, it then may start to interfere with the enjoyment of your property and your peace of mind in totality. You then will have a valid reason to take up an action against your neighbours for causing so much inconveniences to you and other residents in a neighbourhood.
What do you understand by “NUISANCE”?
Nuisance is when one does something which interferes with your right to enjoy your property. You cannot live peacefully in your own house. You must be able to show that what your neighbour is doing is an unreasonable act which causes harm to you or your neighbourhood.
Many times, the said act maybe reasonable, but when it is done continuously over certain period or as to the manner of how and where it is done may lead it to be nuisance. Don’t take these acts so lightly, as it had on few occasions caused distress, emotional disturbance and life threatening.
What can u do if you have annoying neighbour?
Firstly, try to approach your neighbor directly or through house owner for possible attempt for discussion or meeting. Nothing beats the traditional meeting.
Secondly, lodge your complaints to your joint management body (applicable to apartments/condo/selected guarded properties). There is a list of house rules that you may have not been aware of.
Thirdly, consult the Penghulu/Ketua Kampung/President of the housing area society, making known of your problem and propose solution as well.
Forthly, you can proceed to lodge a formal complaint with the local authorities (Majlis Perbandaran/Majlis Bandaraya). Local authorities are empowered to resolve certain types of nuisance which is governed by the Local Government Act and if needed are empowered to deal with a much broader range of issues too.
What if all the above doesn’t work out?
As the last resort, please consult a lawyer if you have enough evidences to seek the court for a solution to this never-ending nuisance. Remember, when deciding to go to court, evidence is so important. The facts of the case must be collaborated with evidences. Judge’s decision is binding on both parties.
Before you get to court, here are some examples of the cases that had been decided in courts thus far for your better understanding :
- Mr. Y loves singing but he sings terribly. He sings daily at his house at the pitch of his voice. Of course, it is not illegal to sing, and it is not illegal to be a bad singer, and it is not illegal that he has a horrible voice, but when he continuously sings with a bad voice through out the day and night, it becomes intolerable. This is an act of NUISANCE.
- Ms G burns prayer offerings regularly (open burn). The open burns releases noxious smoke smell and ashes were blown to her neighbours’ houses. This is an act of NUISANCE as it interferes the neighbours’ enjoyment of their houses and clean environment.
- Mr J, moved into a penthouse which is located just below a faulty water pump. The noise of the water pump was too loud and the banging sound occurred every hour throughout the day. Mr J had to move out of the pent house because couldn’t tolerate the constant loud noise. The noise is regarded as annoying and a NUISANCE.
- Clinic A operates at 1st floor as ENT clinic. Clinic B operates at 2nd floor as Dylasis centre. The obnoxious fumes were escapes from Clinic B to Clinic A which caused skin disesase and swollen eyes to patients in Clinic A. The act by Clinic B emitting the fumes from their clinic is established as NUISANCE.
- Mr & Mrs Q, owns old shop house buiding. Their shop house was damaged (walls, cements floors cracked, building structure misaligned) due to the vibration from the neighbourhood construction works. Judge agreed that even an old building deserves a protection under the law. The construction works that causes the damaged to neigbouring building are NUISANCE.
- Ms K, sued the neighbour who regularly park their vehicle at her house entrance and was successful. Ms K could hardly reverse her car and makes it difficult for her to enter her own house compound. This act of obstructive parking is considered as NUISANCE.
- Mr P plants a tree at the edge of his house compound. The roots from his tree encroaches Mr C’s land. The dried leaves and stems from Mr P’s tree often flew to Mr C’s land. This is also an act of NUISANCE.
- Family M felt unsecure and disturbed by the action of their neighbor installing a CCTV that focus directly to Family M’s house. Family M’s daily chores were disturbed, and they were unable to live, sleep or eat peacefully and they suffered mental distress and medical complication. the neighbour’s actions to be overt surveillance which violated the Family M’s right to privacy was essentially a NUISANCE.
Please contact us if you have any queries about your annoying neighbours.
