Here’s How To Deal With Difficult Neighbours In Malaysia

Can I sue for ‘neighbour trouble’?

Neighbours — a common social aspect in the Malaysian community. The practice of semangat muhibah, which refers to a comradery spirit among neighbours, has been long instilled in our multicultural society. In most cases, neighbours often share their highs and lows with each other. However, what happens when you find yourself living with some troublemaking neighbours?

Image Credit: tuahlensa, via iProperty

In contrast with semangat muhibah, certain actions of your neighbours may place you in a tough position, compromising your comfort or convenience in your own household.

This ‘neighbor trouble’ falls under the tort of private nuisance. To simply put, a tort is a wrong committed which gives you a reason to sue the wrongdoer. A tortious claim may arise from a range of issues- open burning, trespassing and excessive noise are some to name.

This article will identify some common problems that you may face with your neighbours for which you can sue them.

Private Nuisance vs Public Nuisance

Generally, there are two ways in which an individual’s rights are safeguarded under the tort of nuisance: the law of private nuisance and the law of public nuisance. As the term suggests, private nuisance concerns the protection of individual rights instead of the public at large.

This is not to be confused with the law of public nuisance, which materially affects “the reasonable comfort and convenience of a class of subjects of the State.”

Private nuisance lawsuits typically arise between neighbours as a result of one’s actions “[disturbing] the interest of some private individual in the use and enjoyment of his property by interference with the usual enjoyment of property.”

It is always a question of degree whether the interference with comfort or convenience is sufficiently serious to constitute a nuisance. The acts complained as constituting the nuisance, such as voice, smells or vibration, will usually be lawful acts which only become wrongful from the circumstances under which they are performed, such as time, place, extent or the manner of performance. — Clark & Lindsell on Torts (18th Ed.)

Suing Your Neighbour

For a successful claim, your neighbour’s action must be an unreasonable, continuous interference with your enjoyment of your property, which causes you some form of harm. This can be broken down into three elements:

1. your neighbour’s interference is unreasonable;
2. this continuous interference affects your enjoyment of your property;
3. the interference causes you some form of harm or damage.

The interference must be the product of a persistent state of affairs rather than a one-off event. If interference is to be viewed as unreasonable, it must be one that “goes beyond the usual bounds of acceptable behaviour.”

Hence, whether the interference tantamounts to a nuisance is always a question of degree— a reasonable limit is determined based on the degree of material interference with the ordinary comfort and convenience of life under normal circumstances.

The courts will consider few factors to determine if there is a presence of private nuisance, mainly by delving into the matter of degree as stated above. Courts will only permit such a claim after evaluating all the particulars of the case, such as:

“[the] time of the commission of the act complained of; the place of its commission; the manner of committing it, that is, whether it is done wantonly or in the reasonable exercise of rights; and the effect of its commission, that is, whether those effects are transitory or permanent, occasional or continuous.”

The list of conduct amounting to private nuisance is non-exhaustive. No matter how trivial the interference may seem, there should be an emphasis that your neighbour’s interference is one that “goes beyond the ordinary comfort and convenience of [your] life under normal circumstances.” To illustrate this, two cases concerning different aspects of private nuisance will be explored below.

1. Parking in an obstructive manner

Case : Lai Kong Loke & Anor v Ting See Leng [2017]

Fact:

In 2017, a man in Penang was sued by his neighbour for often parking his car in front of his neighbour’s house. The neighbour found it difficult to enter his own house or to reverse his vehicle out. The court decided that the neighbour’s behaviour was unreasonable and this amounted to nuisance.

Obstructive parking is an offence under the Malaysian Road Transport Act 1987, punishable with a fine of at least RM1,000 and/or at least 1 year in jail (Image Credit: Tristan Billet, Unsplash).

2. Pointing CCTV cameras such that it focuses directly on neighbour’s house

Case : Lew Cher Phow @ Lew Cha Paw & Ors v Pua Yong Yong & Anor [2011]

Fact:

A family in Johor Bahru had a problem with the CCTV cameras of their neighbours, which pointed directly to their front courtyard and the back of their house.

Beginning to feel like they were continually being watched on, the family had to erect zinc sheets along the fence to avoid their homes and activities from being constantly monitored by their neighbours. The family had to keep their doors and windows locked all the time. They could not live, eat and sleep well. As a result, they have suffered from mental distress, pressure, and medical complications.

Although surveillance cameras are important for security reasons, it may be seen as invasive and a threat to privacy (Image Credit: Nona & CCTV Malaysia, Facebook).

The court held that the actions of the neighbour were direct surveillance, which breached the family’s right to privacy and was basically a nuisance.

Available Remedies

The most common remedies pleaded for in court include:

1. Permanent injunction,
2. Claims of monetary compensation, or
3. If the offending act is serious and requires an immediate cease, the Court may grant an interlocutory injunction to stop the act.

Alternatives to dealing with unneighbourly neighbours

While going to Court to settle is an option, it is not always the best option to take. Sometimes, communication is the best policy. Do attempt to bring the issue to the neighbour’s attention at first.

However, if the issue remains unsolved, you may proceed with the actions below :

1. File for a complaint with the local authorities (i.e. Majlis Bandaraya or Majlis Perbandaran).
2. Under the Local Government Act 1976, local authorities are responsible for taking essential steps to resolve certain types of nuisances. Some issues that local authorities have the power to deal with are listed in Section 81 of the Act.
3. For those living in a stratified property (high rise apartments, flats, condominiums, or certain gated and guarded landed properties), they can raise complaints to the Joint Management Body following the Strata Management (Maintenance & Management) Regulations 2015. Occasionally, the Deed of Mutual Covenants and Sales and Purchase Agreement would contain ‘house rules’ that residents must follow.
4. If the above avenues are not successful, the final resort is to collect sufficient evidence and file for a court hearing.

Image Credit: John Cameron, Unsplash

At the end of the day, the courts will decide if what your neighbour does is amounts to a nuisance or not based on the fact and circumstances. Life is short, let’s save all the hassle and be a good neighbour to one another.

Disclaimer: All information displayed in this article is strictly intended for general information and knowledge only. Do seek advice from a qualified lawyer if in need of legal assistance.

This article was written by Angelene Selwanathan and reviewed by Hew Hoong Liang and Lim Mei Lin.