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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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Our neighbour of 18 years has continually harassed us. It started

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Our neighbour of 18 years has continually harassed us. It started with our sons and now it is over a hedge we have at the back of our garden, we have this trimmed once a year and he still is insisting that it is causing damage to his property, even although the council assessed that as being untrue 8 years ago, we have now had a letter from the council to say he is threatening us with the anti social behaviour act.
how can we stop this once and for all?
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if it is possible to stop him ever making allegations at all?
Customer: replied 1 year ago.

Yes

Expert:  Remus2004 replied 1 year ago.
I'm really sorry but that is not realistic I'm afraid.
The first point is this. I'm afraid it is very unlikely that the council concluded he was lying. Authorities do not stick their neck out like that. They will have said the evidence was inadequate or something similar to that. The fact that his allegations are not succeeding does not mean that they are shown to be false. There could be lots of reasons an allegation could fail. One can be that it is false but it might be that they just couldn't be sure.
The second is this. There is some case law that suggests that it might be possible for a victim of continual vexatious allegations to claim against their accuser in harassment. It isn't really fully confirmed yet. The case of Waxman involved a person who was being harassed in the convention sense and her harasser issue a claim against her in the county court. CPS refused to charge on the basis that it wasn't harassment. She judicially reviewed the decision and the outcome was that the court said it could be. There was also an earlier case in which a person issued against a local authority for trying to evict him. It was decided on different facts so doesn't amount to compelling law yet but the decision didn't say that it was impossible to harass in that way.
However, even if you were to succeed on that basis it still wouldn't stop him making allegations. it would just give you a cause of action if he did.
Realistically you would need an instance that was more recent than eight years ago I'm afraid.
I'm very sorry but you have to be realistic to avoid costs.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you for this information, it sounds as though you are telling me that there is no case law. The earlier complaint from our neighbour also included a threat to apply for an anti social behavior order and this resulted in a visit by our councilor at that time. She brokered an agreement that we have kept for the intervening 8 years. Is he likely to be successful if he proceeds with an action against us? If he does carry on and is unsuccessful again would we be in a position to claim harassment?

Expert:  Remus2004 replied 1 year ago.
No, there is case law. I gave you the cases above?
Whether he will succeed or not depends on the merits of the evidence. You don't mention that above. If you can give me more information I might be able to offer more.
If the last allegation was eight years ago then I wouldn't suggest suing now. You need to show a course of conduct and given the time lapse that is unlikely.
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