Q: New neighbours moved in next door before the covid pandemic began. During lockdown they built a monstrous ‘pavilion’ in their garden and turned an open lean-to into a two-storey garage without planning permission. I reported them to the council because they were a law unto themselves, and their constructions were out of keeping with the neighbourhood. Since then, they have continuously harassed me. I had screws left across my drive entrance that punctured my tyres, they lied about me to neighbours, stalked me, and made abusive threats. The police say it is a civil matter because I have not been physically assaulted and have no witnesses. What can I do?
A: Harassment can be both a criminal offence and a civil action and you have quoted several examples of what is recognised as harassment. It sounds as if your neighbours are determined to make your life a misery. This type of behaviour, often described as neighbour harassment, is taken seriously under both civil and criminal law, particularly when it involves repeated threats, intimidation, or sabotage.
If you have experienced at least two incidents by the same person or group of persons, then under the Protection from Harassment Act 1997, they could be prosecuted in the criminal courts. You would however need evidence to prove what you are saying they have done. Understanding how to prove harassment by a neighbour is key here, you should keep a detailed log of incidents, collect physical evidence (such as photos or punctured tyres), and report every occurrence to the police. Even if no physical assault has occurred, this pattern of conduct could amount to mental harassment by a neighbour, especially if it's causing you anxiety or distress.
As a victim of harassment, you can take action in the civil courts against them. A criminal conviction would help any civil court case. The civil court can make an order or injunction that the person(s) harassing you must end specified behaviour towards you. If they do not stop after an injunction against them, then that is contempt of court and they could be arrested. If you have suffered financial or emotional loss from the harassment, for example, replacing your tyre, or feeling anxious or distressed, you can ask the court for some compensation. These remedies fall under neighbour harassment laws, which allow for both protective orders and monetary damages.
Any escalation will not improve relationships so you may wish to consider a mediated resolution. Also, disputes with neighbours need to be disclosed on a sale of property. So before taking court action you should seek legal advice. However, if informal routes fail and harassment by neighbours continues, the law is there to protect you, especially when there's a clear pattern of targeted, unreasonable behaviour.
This question has been answered by James Denton, a Civil Litigation Solicitor with GHP Legal.
If you would like to speak to someone about this or any other legal matter, book an appointment by visiting GHP Legal or contacting one of our offices:
Email: wrexham@ghplegal.com
Phone: 01978 291456
Email: llangollen@ghplegal.com
Phone: 01978 860313
Email: oswestry@ghplegal.com
Phone: 01691 659194
James Denton
Solicitor
Part of our Civil Litigation and Dispute Resolution team in Oswestry and Wrexham