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Neighbour dispute

  • 01-02-2015 12:34am
    #1
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Hi all, am looking for a few bits of information please. We moved into a rented house about 18 months ago. We were forewarned that the lady next door had a history of making false noise complaints to the Gardai, the previous family were brought up before the PRTB who could see it for what it was and found in the family's faboyr, rather than hers.
    We moved in and within 24 hrs we had a visit from the local guards concerning noise. Since then she has called them continuously and we have had at least 6 visits in that time.
    Eventually we had had enough and asked about making a complaint ourselves. Instead, the Garda said he would make have a word with the neighbour to ask her to stop calling but if she did, they would no longer come to my house. She accused him of taking a bribe. He wasn't best pleaded. So it has been quiet for many months. But we have now heard that she intends to bring us before the district court for noise and for excessive dog barking. Yes we have a dog, but she rarely barks. There is almost always someone at home with her and she is never left outside if we go out. On previous visits from the guards, they mentioned her issue was to do with apparant noise caused by us and our children were mentioned once too. But never the dog.
    So my questions are:
    Can she apply to the district court about noise complaint if she is aware she should go down the PRTB route?
    I assume the false dog barking allegation is dealt with by district court. We intend on asking other neighbours for letters stating our dog is just a big, lovable hairball. I think the fact that local gardai will no longer deal with her, is a pertinent fact. Can we ask a guard to be a witness? Or would we be entitled to something in writing from them to outline what was going on? She would ring the local station 20 times a day!! Perhaps she still is!
    Any thoughts much welcome. Thank you


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    But we have now heard that she intends to bring us before the district court for noise and for excessive dog barking.
    Someone who accuses Gardai of taking bribes over accusations of barking dogs may not come across as credible to a solicitor and may be asked to pay fees up front. People like this often have no intention of paying anybody, so a request for fees to be paid up front often has them heading for the door.
    Can she apply to the district court about noise complaint
    There is little to stop anybody going to court, generally.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    It sounds like you're dealing with someone with acute mental issues. Might your LL be able to put you in touch with the previous tenants for more information? It is inevitable that a neighbour living alone will hear noise from a neighbour who has kids, especially if the houses are attached. I hear my neighbours every single day and they no doubt hear us too. Never have we made any complaints, even if there happens to be a party going on. It's all part of getting on. But, your neighbour seems to allowed noise to consume her. Good luck.


  • Registered Users, Registered Users 2 Posts: 17,495 ✭✭✭✭eviltwin


    what about other neighbours. Are there people on the other side who can vouch for you?


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Fight fire with fire. Go to the Gardai and say you want to make a complaint against her for harassment. If that doesn't work bring her to court for harassment,slander,liable and anything else you can think of. Bullies thrive on their victims not fighting back.


  • Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    Malicious Abuse of the Civil Process is a tort, meaning that a claim for damages will lie against the original Plaintiff where it is shown that the original Plaintiff's action has failed (or is bound to fail); is/was malicious; and where the present Claimant has suffered actual damage arising from the original Plaintiff's action.

    A lack of economic justification for the original action can be persuasive of malice, and adverse legal advice can prove that the original action was bound to fail.

    However, these are very high threshold to overcome.

    And what's more, it's not the most practical route. I only mention it out of interest.

    If I were in the OP's position, I would have a word with this lady's family, if at all possible. She sounds particularly sensitive. But of course we are only hearing one side.


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Legal action should be the last resort there.

    Is it possible to meet the neighbour at a neutral venue?

    Is there anyone who would act as facilitator at such a meeting?

    In some areas gardai, priests, community workers, councillors have done that.


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