neighbour problem

bungaro79

hi,
am looking for advice on behalf of my polish next door neighbour whose english isn't the best. we live in townhouses and we are third in, they are second in and then the problem house is on the corner. the lady in the corner house is very quiet and never says hello or anything which is fair enough but there was an incident yesterday where she was very aggressive at another polish neighbour and they called the guards on her.

i spoke to my next door neighbour last night and he filled me in on all the problems they've been having with her (she is married but the husband doesn't really want to know anything). i get on well with him and he is a really nice guy so i wouldn't really be doubting any of the stuff he has been saying to me but i havent seen any of it with my own eyes. he said she has been racist to himself and the other polish neighbour (even tried to throw water over them) but to keep the peace he didn't call the guards (which he now regrets as its the one time where he had a witness). she is now taking photos out the front when they are outside and also when they are in their back garden, is this legal?? the problem neighbours sister is staying with her for a while now and i think what they are worried about now is that they are going to go to the guards and basically lie to get them in trouble if they spot any of them on their own, basically two peoples word against one. my next door neighbours have two small kids and i think they are really worried that they will have to move as they are afraid they will be accused of something untrue.

anyone got any advice i can pass on?? i told him to take a note of any little incident with them and to record on his camera phone if he is on his own.

thanks

Chemical Byrne

They should preempt any spurious complaint to the gardai by reporting her bizarre behaviour first. They could make a complaint of assault for the water issue.
Definitely report her for taking pictures of them in the back yard. That is totally unacceptable and a shocking invasion of privacy that no-one should put up with.

Keep a diary of all communications and incidents.

Could he find the witness who saw her throwing the water? He could still nail her to the wall on that one if he can find the witness and they are willing.

Chemical Byrne

Oh and tell him be very careful about the use of a camera. Only record stuff if it is in clear view from a public area, ie out on the street. Don't record anything where it might be considered an invasion of privacy.

bungaro79

its was his polish neighbour friend who was there when she apparently told them to f*** off and move and then tried to throw the bucket of water over them. he's just thinking now that would the guards believe him or would they think its tit for tat after yesterday's incident.

there have been other little things like her giving him the finger as he drives off, water coming over the back wall, little things that seem to be there to psychologically torment them.

Chemical Byrne

Defo get that reported to the gaurds. She's racially abusing him, she can be done for that.
Even if ye cannot secure a prosecution it would be well worth getting the gaurds out and make a statement. They might be able to talk some sense into her and get her to cop herself on.

bungaro79

cheers, will pass on the advice to him. but she definitely can't record him out his back garden right??

conorh91

bungaro79 wrote: »

cheers, will pass on the advice to him. but she definitely can't record him out his back garden right??

I suggest she is entitled to do so, provided that the recording is for her own eyes only, and that there is no trespass to the neighbours' property.

There is nothing illegal about observing your neighbours in their garden, and even gossiping about that. Although it must be uncomfortable to be surveilled in the curtilage of your own home, it does not in itself constitute a criminal act, and I am also skeptical that it discloses any cause of action at civil law.

P. Breathnach

conorh91 wrote: »

I suggest she is entitled to do so, provided that the recording is for her own eyes only, and that there is no trespass to the neighbours' property.

There is nothing illegal about observing your neighbours in their garden, and even gossiping about that. Although it must be uncomfortable to be surveilled in the curtilage of your own home, it does not in itself constitute a criminal act, and I am also skeptical that it discloses any cause of action at civil law.

Surely the law would vindicate a person's reasonable expectation of privacy within the curtilage of his own home. Recording, rather than merely seeing or observing, your neighbour would seem to me an intrusion.

bungaro79

i would've thought the same as you p breathnach, i thought that out the front on the street since it is public that she could record who she likes but i thought that a private back garden would be considered out of bounds and an invasion of privacy??

Little CuChulainn

No. There is no law which covers that. Even using racist language is not in itself illegal.

conorh91

P. Breathnach wrote: »

Surely the law would vindicate a person's reasonable expectation of privacy within the curtilage of his own home.

I know of no authority which would substantiate that.

Quite the contrary, in fact.

Atherton -v- Director of Public Prosecutions [2005] IEHC 429
http://www.courts.ie/judgments.nsf/bce24a8184816f1580256ef30048ca50/9bd14182c49347be8025713300410c9c?OpenDocument

Of course, it's important to to distinguish between recording your observations per se and outright harassment, as per s.10 of the Non Fatal Offences Against The Person Act 1997.

As a general rule, I would feel confident in saying that recording your neighbors in their back garden is not an offence, nor does it give rise to any other cause of action, provided (i) it does not involve trespass to land, and (ii) does not amount to harassment.

nuac

Are Poles a separate race from Irish?

rafatoni

nuac wrote: »

Are Poles a separate race from Irish?

Their poles apart really.

BA dum tish