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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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Hopefully you can give us some sound advice regarding a problem

Resolved Question:

Hopefully you can give us some sound advice regarding a problem we have with an extremely unpleasant neighbour. My partner suffers from light sensitive epilepsy. We are unsure how but our neighbour seems to have found out as she has placed a high intensity strobe light (the type they use in discos) in the widow that looks onto our property. This light is on from dusk until dawn which continually flashes multi coloured lights across our property and into our windows. In an attempt to annoy us further she has placed various sized mirrors behind the strobe light to intensify the extent of light being projected. In the past two weeks she has raise the light on top of a laundry basket to further increase the projected beams of light. The light makes it extremely difficult for my partner to go out into our parking and garden area. This problem has been ongoing for 4 months. The neighbour in question cannot be spoken to and she has already been successful in causing two other neighbours to sell up and leave. Can anything legally be don to stop this madness. Any comments would be greatly appreciated.
Thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I don't agree that the police can do nothing. In many instances of neighbour issues, the police will tell you that the issue is a civil matter and must be dealt with by the civil courts.
That is correct in many cases and would mean that you would have to go to the civil court and obtain an interdict or a protection from harassment order. You can do that here but I recommend that you go back to the police and insist that they take action.
The reason for this is that from your narrative it is apparent that the neighbour is guilty of the crime of attempted assault which is a criminal matter. By doing what she is doing, there is a potential for injury to your partner, in the same way as if she had threatened him with any other type of weapon. She is using the lights and the mirrors as a weapon and the police have to see that. If the beat officers are too stupid to understand that then report the matter to your local police station at a higher level.
I hope this helps. Please leave a positive response so that I am credited for my time.
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