Complaint Against a Neighbour harassment

Neighbour harassment is a serious problem. We are frequently told to "just deal with it" or that unpleasant neighbours are unavoidable. If you have a conflict with your next-door neighbours, you do have options for resolving the situation.

If you sense that you're being observed or someone continues making "mistakes", trust your instincts. It is not legal or appropriate to go around your property or knock on your windows to "just say hello."

The desire to be a good neighbour does not extend to any scenario that makes you feel unsafe or uncomfortable.

You need to consider the following:

• If your neighbour is threatening you or acting dangerously, get a restraining order.
• File a police report (the police might not take action immediately but they’ll have a record of the incidents)
• Notify your landlord or the police about the noise.
• Begin the process of filing a harassment lawsuit against your neighbour.

What Constitutes Harassment by a Neighbour?

To be considered harassment, it must be habitual and deliberate behaviour. This means that a neighbour backing into your garbage can accidentally or throwing a loud party would not qualify. It can rapidly escalate into harassment if they start repeating undesirable behaviour or making threatening comments.

Harassment by neighbours can take several forms, including:

• Harassment through verbal abuse
• Harassment via trespass
• Harassment via Mischief
• Sexual Harassment
• Harassment by violating your rights to privacy
• Harassment via nuisance

How to File a Complaint Against a Neighbour in India?

Taking your problem to small claims court is one of the most effective ways to get a settlement. Small claims court allows people to represent themselves, but it takes time and sufficient proof. If you do not have the knowledge or time to go through the legal system, a professional attorney can help you.

The type of lawyer you require may be determined by the circumstances. You might need:

• A real estate lawyer (property lines disputes)
• A criminal defence lawyer (stalking or threats)
• An attorney who specialises in civil cases (small disputes)
• An attorney specialising in landlord-tenant law (issues with renters or your landlord)

Instead of engaging, document everything.

Try not to get involved in your neighbour's negative behaviour, no matter how difficult it is. Keeping disputes civil or even walking away from them will benefit you. You don't want a record of yelling or harassing them in return.

Instead, try to record or photograph what they're doing. Note the date and time, as well as what they said or did. Even if the police do not investigate every complaint, file a police report so you have a strong record of the occurrence.

Do not be offended if cops, lawyers, or judges ask you personal questions about your age, sexual orientation, job, or other factors that may appear to be prejudiced. These could be crucial pieces of evidence in proving that harassment took place.

What to expect in a Harassment Lawsuit?

In general, you can anticipate to:

• Assemble evidence
• Examine the evidence with the cops, your lawyer, and perhaps the judge.
• Speak with a judge in court or in private.
• Set a monetary settlement or find another way to make your neighbour stop.
• Receive a restraining order against your neighbour (they won't have to relocate, but they will have to keep away from you and your property)

You should be prepared to re-document fresh activities or notify the police if your neighbour violates a restraining order once your case is concluded. If your neighbour engages in any of these behaviours again, they might be arrested.

The Line Between Civil Cases and Criminal Harassment

Harassment can go on for a long time. However, this does not always imply that you can bring a criminal case against your neighbour.

Determine the basic principle of purpose to evaluate which conditions will result in criminal cases and which will result in civil ones. If your neighbour is acting out of spite, intending to irritate or threaten you, it is most certainly a criminal offence.

However, this may not be sufficient to determine whether the case is criminal or civil because many other factors and circumstances must be considered. For this reason, you should hire a criminal lawyer who can read between the lines and help you understand what your options/legal solutions to the problem are.

Why Hire an Attorney for Neighbour Harassment?

Neighbour harassment is more widespread than most people realise. It's also a difficult situation to be in. Harassment is illegal, and if you have been harassed by a neighbour, you should consult a lawyer. 

A lawyer is an expert who can advise you on the legal path to take after learning the facts and circumstances of your case, such as whether to file a civil or criminal complaint, whether the situation you're in actually amounts to harassment or not, and whether you have a viable case or not, among other things. A lawyer would assist you in writing the suit/petition, appearing on your behalf, presenting evidence and arguing, etc. 

Visit Rest The Case to find a specialised lawyer.

Conclusion

Always remember that you have rights. 

Just because a neighbour "arrived first" or claims that things have "always been done this way" does not give them the right to bother you. It might be difficult to determine whether or not a situation is considered harassment.

A consultation with an attorney to determine the type of issue you are dealing with is a wise decision. They may walk you through the procedure, tell you what to document, and refer you to a criminal defence lawyer if the situation is serious.

FAQs

 1. What is the law against noisy neighbours in India?

Under Section 290 of the Indian Penal Code, 1860, making noise is considered a public nuisance. Your neighbour playing sound system loudly at midnight or making any unrequired noise will be considered a nuisance. A fine of up to Rs. 200 will be imposed for such annoyance.

2. How do you deal with a harassing neighbour?

Following are a few steps that you may consider while dealing with a harassing neighbour.

• Gather evidences
• Call the police
• Do not engage
• File a complaint against them 
• You may file for a restraining order
• Try settling the matter amicably

3. How to write a complaint letter to the police against neighbour harassment?

Sample letters for the complaint against neighbour harassment are easily available on the internet. You can draft one in your words while mentioning specific details of who, when, what, and where! You can find a template here.