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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11379
Experience:  Barrister 17 years experience
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My brother and his wife bought an apartment in a complex in

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Hello. My brother and his wife bought an apartment in a complex in Cork. The complex has a committee and one of the board is a long term resident. The day they moved in she came onto their property asking how much they paid, as her friend had also been bidding. They didn't tell her. They erected a Sky dish which as it turned out contravened complex rules. However, as other apartments had the same dish, they put it up. They recieved aggressive letters from the committee warning them to take it down. One day they came home from work and the dish was gone. The committee came onto their property (patio at the back) and took the dish. The other dishes remain. This happened to one other resident last year and the committee replaced their dish by hooking them up to a communal dish, free of charge. My brother and his wife were charged 200euro to reconnect. One of the committee also started parking a large van outside their house blocking their footpath. My brother was recently confronted aggressively by two of the committee (including a son of the committee member mentioned above), who said he had damaged their van, and last week got a 600euro invoice posted in the letter box. Although not recently, as far as they know, the committee member used to regularly come onto their property looking around, presumably looking for violations of their complex rules. On two occasions a drone hovered right outside the back of their apartment for a period of time, although we have no proof who owned it.
My brother and his wife are worried every time they leave their house that they will face confrontation, which neither of them want. They want to live quietly and enjoy their new home, which is being made impossible by constant intrusion and hassle from a small few (mostly one family - a mother and two sons).
My brother spoke with his neighbours and others faced similar hassle from this family when they moved in.Does any of this constitute harassment?Thanks
Customer: replied 10 months ago.
Hello. Is there any update on this question? Ref #OOV-33299688

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Dear Alan, this is harassment but it is of a very minor nature, one for which a court will not grant an injunction. Instead, what this family should do is to get a solicitor to formally write to this other family which is causing the trouble and write a warning letter calling upon them to stay away from them and not to come onto their property nor to remove their property. It would only be after a series of legal letters were written and ignored that a court would intervene here. So, as a first step, your brother needs to get a solicitor to warn off this offending family. It would only be if these letters were ignored that the matter would progress to the legal proceedings stage.

2. You should also realise that courts are wary of getting over involved in neighbourly disputes as there is little way of policing them. So, there needs to be clear evidence of harassment before a court will grant you an order. This family seem to be self-apointed busybodies in relation to the apartment complex. However, the first step is to warn them off.

3. I would also not advise your brother to confront this family. Essentially, he should keep his own hands clean of them and let his solicitor do the running. Ultimately, a court will only help him if he is squeaky clean as otherwise it just presents itself as two families fighting.

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