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 Dealing with Bad Neighbour (Legal Aspects), Irrational

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TSKeNNy
post Nov 1 2008, 12:45 PM, updated 17y ago

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Background:
I've a neighbour who hangs her dog's towels on the shared fence. Common sense would say that shared fence is a "sacred" area that you usually don't want to cross. Worse is, she hangs her dogs towels on it. It's smelly and causes the fence to rust more quickly. She rents the place. She lives alone, her husband is seldom around and comes back once/twice a week (Travelling).

A quick conversation proved she was irrational. She uttered words like "It's my right", "You guys are fussy", "I will call my landlord". I gave alternative places for her to hang e.g. her own clothes hanger, or on her own gate she claims "It's too far away", "It will get her clothes dirty", "She can hang where she wants because it's her right".

I'm a diplomat. Neighbours are important and we need to count on each other. So I tried to be patient with the character. She finally agreed that it was inappropriate to hang things which she doesn't like around her (e.g. dogs towels). But, that was only temporary. Things turned worse when she started hanging rubbish on the fence. It's clear that she's just irrational and a b**** and would do anything to protect her ego (that the fence is hers). It further proved my assumption when she claims to be "very educated" but speaks unculturally with broad generalizations (e.g. Malaysians are fussy (she spent 4 years in UK). There was some age discrimination and light racist remarks that she made but I won't go there. Her race does not matter, but she's a Malaysian.

Before resorting to a lose-lose situation (taking her garbage and throw it in front of her door), I would like to ask should I choose to battle this legally, what are my options?
E.g. calling MPSJ? Call her landlord? Any experience neighbours know how to sort this out?

Thanks,
Kenny
BouncyBall
post Nov 1 2008, 12:50 PM

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put a fan there and blow it towards her house biggrin.gif when she ask, you say its your right...
SUSKinitos
post Nov 1 2008, 03:32 PM

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Ohh, then u played yr azzan music five times a daylah hanging the speakers on the fence also
falcon867
post Nov 1 2008, 04:28 PM

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QUOTE(KeNNy @ Nov 1 2008, 12:45 PM)
Background:
I've a neighbour who hangs her dog's towels on the shared fence. Common sense would say that shared fence is a "sacred" area that you usually don't want to cross. Worse is, she hangs her dogs towels on it. It's smelly and causes the fence to rust more quickly. She rents the place. She lives alone, her husband is seldom around and comes back once/twice a week (Travelling).

A quick conversation proved she was irrational. She uttered words like "It's my right", "You guys are fussy", "I will call my landlord". I gave alternative places for her to hang e.g. her own clothes hanger, or on her own gate she claims "It's too far away", "It will get her clothes dirty", "She can hang where she wants because it's her right".

I'm a diplomat. Neighbours are important and we need to count on each other. So I tried to be patient with the character. She finally agreed that it was inappropriate to hang things which she doesn't like around her (e.g. dogs towels). But, that was only temporary. Things turned worse when she started hanging rubbish on the fence. It's clear that she's just irrational and a b**** and would do anything to protect her ego (that the fence is hers). It further proved my assumption when she claims to be "very educated" but speaks unculturally with broad generalizations (e.g. Malaysians are fussy (she spent 4 years in UK). There was some age discrimination and light racist remarks that she made but I won't go there. Her race does not matter, but she's a Malaysian.

Before resorting to a lose-lose situation (taking her garbage and throw it in front of her door), I would like to ask should I choose to battle this legally, what are my options?
E.g. calling MPSJ? Call her landlord? Any experience neighbours know how to sort this out?

Thanks,
Kenny
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You can adopt the legal action that is through lawyers but it will take time and money but since she has landlord GO COMPLAIN TO THE LANDLOR
D!! fast and easy
NaMyzarC
post Nov 1 2008, 04:30 PM

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yes, luckily she is not the landlord ;-) go make noise to her landlord.
chinesepunk123
post Nov 4 2008, 01:52 AM

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QUOTE(BouncyBall @ Nov 1 2008, 12:50 PM)
put a fan there and blow it towards her house biggrin.gif when she ask, you say its your right...
*
QUOTE(Kinitos @ Nov 1 2008, 03:32 PM)
Ohh, then u played yr azzan music five times a daylah hanging the speakers on the fence also
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haha. lovely guys, that made me LMAO.

wei, share la the race. Indian isit!!
arthurlwf
post Nov 4 2008, 02:09 AM

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QUOTE(KeNNy @ Nov 1 2008, 12:45 PM)
Background:
I've a neighbour who hangs her dog's towels on the shared fence. Common sense would say that shared fence is a "sacred" area that you usually don't want to cross. Worse is, she hangs her dogs towels on it. It's smelly and causes the fence to rust more quickly. She rents the place. She lives alone, her husband is seldom around and comes back once/twice a week (Travelling).

A quick conversation proved she was irrational. She uttered words like "It's my right", "You guys are fussy", "I will call my landlord". I gave alternative places for her to hang e.g. her own clothes hanger, or on her own gate she claims "It's too far away", "It will get her clothes dirty", "She can hang where she wants because it's her right".

I'm a diplomat. Neighbours are important and we need to count on each other. So I tried to be patient with the character. She finally agreed that it was inappropriate to hang things which she doesn't like around her (e.g. dogs towels). But, that was only temporary. Things turned worse when she started hanging rubbish on the fence. It's clear that she's just irrational and a b**** and would do anything to protect her ego (that the fence is hers). It further proved my assumption when she claims to be "very educated" but speaks unculturally with broad generalizations (e.g. Malaysians are fussy (she spent 4 years in UK). There was some age discrimination and light racist remarks that she made but I won't go there. Her race does not matter, but she's a Malaysian.

Before resorting to a lose-lose situation (taking her garbage and throw it in front of her door), I would like to ask should I choose to battle this legally, what are my options?
E.g. calling MPSJ? Call her landlord? Any experience neighbours know how to sort this out?

Thanks,
Kenny
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she is so happy with your frustration because she have attention from you as her husband come back once/twice a week...
btw, how old is she?
johnsonm
post Nov 4 2008, 11:08 AM

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i suppose the 1st step would be to discuss with the landlord. i am sure somewhere in the tenancy agreement it is stated that she will not cause a nuisance to others.

if the landlord is being unreasonable, your next action would be to sue the landlord. you should also take photos of the rubbish etc. just for proof.

if you just want to give her a scare, i would tell you to call the police. but something tells me not even the police can scare this woman.
alanyuppie
post Nov 4 2008, 11:15 AM

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QUOTE(johnsonm @ Nov 4 2008, 12:08 PM)
if you just want to give her a scare, i would tell you to call the police. but something tells me not even the police can scare this woman.
*
Well, the only way she can be so bold and annoying till this extent that she might have relative working as police. To put the salt to the wound, the accuser might being up being bitten back hard.
gkl83
post Nov 4 2008, 11:18 AM

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maybe do something on the rubbish that she hang on fence...
cut some holes on the bag everytime she hang it on fence and let the rubbish fall onto her floor and she will feel hassle to clean it from floor... cruel ways but may efficient... unless she also dont want to clean the floor, then nothing we can do with such neighbour that wont take care the house AT ALL... report to landlord that she "torturing" his/her house and landlord may giving she trouble...
sordanny
post Nov 4 2008, 11:33 AM

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Legally I don't think much action can be taken since the chain link fencing is sitting in the middle of both lots. Unless u dismantle the chain link and build a wall, legally i don't think any action can be taken
muscaa
post Nov 4 2008, 11:40 AM

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kenny,

first of all, is she mentally ill? I have seen neighbours fighting each other for parking, trees, garbage etc till police came & found out one of the neighbour is mentally ill.

mouldybread
post Nov 4 2008, 11:41 AM

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there was a time where my neibors threw cigerate butts and cotton buds into my compound, its terrace house by the way. i juz simply collected them and threw all of them back on top of their car....

not a legal method but it works, they got the message.... brows.gif
aaronpang
post Nov 4 2008, 12:11 PM

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The simplest and best approach is to document the case (take pictures and keep a log of when the offences are committed) then go and report your complaint to the local Majilis Perbandaran.

There are rules and laws concerning keeping of pets and general cleanliness of the housing area including dumping rubbish in its proper receptacles - not hanging on your common fence.

She has clearly broken such laws and can be fined and warned tongue.gif

This post has been edited by aaronpang: Nov 4 2008, 12:12 PM
gkl83
post Nov 4 2008, 12:27 PM

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i dont think Majilis Perbandaran will help much on this issues since is no an serious cases...
the most they give advice to her only and no legal actions will perform...
unless the house located at gated and guarded community... i believe someone did something wrong to the community and may able block their access tag to hassle them when going back their home... tongue.gif
aaronpang
post Nov 4 2008, 12:40 PM

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Just make sure you're persistent and follow-up with your complaint.

My family put in a request to install speed bumps and MPSJ did it, it's their duty to action on our requests and complaints. Otherwise what’s the point we pay assessment.

This post has been edited by aaronpang: Nov 4 2008, 12:43 PM
zeist
post Nov 4 2008, 12:53 PM

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Does she own a car? Go buy some big nails.
earl-ku
post Nov 4 2008, 01:11 PM

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back in my old house had this issue as well ...

what was done was we fence it up ... buy those huge zinc sheet and fence up ur side ...

kena once when the water from our side seeped to her side ... u know what she did, she scooped it and pour back our side ...

there was also once while washing i was out there ... she scold like some mad person, i took the water hose and hose kau the fella ...


Added on November 4, 2008, 1:12 pm
QUOTE(aaronpang @ Nov 4 2008, 12:11 PM)
The simplest and best approach is to document the case (take pictures and keep a log of when the offences are committed) then go and report your complaint to the local Majilis Perbandaran.

There are rules and laws concerning keeping of pets and general cleanliness of the housing area including dumping rubbish in its proper receptacles - not hanging on your common fence.

She has clearly broken such laws and can be fined and warned  tongue.gif
*
would say its a form of a domestic complain which they will not entertain ... and hanging rubbish within her own compund its something she can do i would say ...


Added on November 4, 2008, 1:13 pm
QUOTE(sordanny @ Nov 4 2008, 11:33 AM)
Legally I don't think much action can be taken since the chain link fencing is sitting in the middle of both lots. Unless u dismantle the chain link and build a wall, legally i don't think any action can be taken
*
would agree on this ... built it like 8 feet high ... so she canot see and u cannot see her ...

This post has been edited by earl-ku: Nov 4 2008, 01:13 PM
aaronpang
post Nov 4 2008, 06:45 PM

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QUOTE(earl-ku @ Nov 4 2008, 01:11 PM)

Added on November 4, 2008, 1:12 pm
would say its a form of a domestic complain which they will not entertain ... and hanging rubbish within her own compund its something she can do i would say ...
*
Check the by-laws for the area where one resides there are laws and regulations pertaining to the disposal of rubbish.

Quote MPSJ by-laws (since I live Puchong):-

QUOTE
Pembuangan sampah rumah
1. Semua sampah-sarap, isi rumah hendaklah diisi dalam beg-beg plastik dan diikat kuat-kuat sebelum dimasukkan ke dalam tong sampah.
2. Apa-apa kaca pecah, tin dan lain-lain benda tajam tepinya hendaklah dibungkus elok-elok dan dimasukkan ke dalam bekas guna habis yang berasingan dan diletakkan dekat tong sampah untuk dipungut.
3. Tong sampah rumah hendaklah diletakkan di tepi berandah, di sebelah luar pagar, di lorong belakang rumah atau di mana-mana tempat lain yang ditetapkan oleh Majlis untuk memudahkan pengosongan tong sampah.
4. Semua tong-tong sampah hendaklah diletakkan di dalam kaki tong sampah atau seumpamanya yang diluluskan oleh Majlis.


All thrash must be in the rubbish bin or designated area not hung up on the common fence. shakehead.gif

MPSJ BBQ Sauce

Depending on where TS lives there are also laws concerning dog rearing:-

The strictest is Shah Alam MPSA Chili Sauce

If the neighbour breaks any of the by-laws please free to complain. Hopefully it will force the neighbour to get rid of her dog, problem solved.

This post has been edited by aaronpang: Nov 4 2008, 06:51 PM
kelvin_tan
post Nov 4 2008, 07:18 PM

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Hi i'm TS's brother and we would really actually appreciate LEGAL form of actions that can be taken and not nonsense like "taking big nails and do something to her car" as it is unethical and against the law to do so. In terms of hanging things on the fence is there anything that can be done aside fencing it up ? (last resort)
DannyOP
post Nov 5 2008, 04:13 PM

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maybe she is just lonely..seeking attention by doing nasty things to your bro. Intro some uncle to her la lol
kelvin_tan
post Nov 5 2008, 04:20 PM

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@dannyop
We're looking for LEGAL form of actions and methods that works or solutions to the problem. Please keep this thread for discussing on legal aspects rather than the rubbish suggestion like "introducing uncles to her". No offence but put yourself in our shoes and if we were to give you these kinds of reply.
muscaa
post Nov 5 2008, 04:24 PM

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QUOTE(kelvin_tan @ Nov 5 2008, 04:20 PM)
@dannyop
We're looking for LEGAL form of actions and methods that works or solutions to the problem. Please keep this thread for discussing on legal aspects rather than the rubbish suggestion like  "introducing uncles to her". No offence but put yourself in our shoes and if we were to give you these kinds of reply.
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Then you should ask or consult a lawyer, rather than asking the laymen in lowyat shakehead.gif
2898
post Nov 5 2008, 04:35 PM

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complain to the landlord



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kelvin_tan
post Nov 5 2008, 09:14 PM

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@muscaa
well we would if we were filthy rich =)

@2898
complaining to the landlord <-- actually what actions can be done by the landlord to this? i mean if the landlord bising the tenant a bit the tenant refuses to budge also no use right? Unless the landlord doesn't want to rent it to the tenant anymore
DannyOP
post Nov 5 2008, 11:27 PM

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QUOTE(kelvin_tan @ Nov 5 2008, 04:20 PM)
@dannyop
We're looking for LEGAL form of actions and methods that works or solutions to the problem. Please keep this thread for discussing on legal aspects rather than the rubbish suggestion like  "introducing uncles to her". No offence but put yourself in our shoes and if we were to give you these kinds of reply.
*
Introduce someone to her from being lonely is a LEGAL action, since when has that become ILLEGAL? For all we know she is just acting that way to gain attention. Unless you're talking about real LEGAL action where you need to go to court, then prepare at least RM10k (RM1-2k for each appearance, approx RM5k for trial & misc for court expenses).

I'm a lawyer by qualification, seriously you're wasting your time if you want a legal recourse because your neighbour has not broken any law. Calling the police won't help either because there is no criminal act. It's just too bad you have an irritating neighbour. Either live with it or think out of the box. Most situations like this you have to find out the 'real' reason why she is behaving this way. Maybe you have stepped on her toes, who knows? Your story is only one side, we need to know her side to find out why she acts in that manner. If you do not know, then that's the first thing you should find out. In most cases there is always a cause unless the person is mentally retarded.

This post has been edited by DannyOP: Nov 6 2008, 01:03 AM
kelvin_tan
post Nov 6 2008, 02:32 PM

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@dannyop
I can't be argueing with you about what is legal and what is not as pretty much many advices here can be legal and illegal but is it useful or good advice? again i can't argue with you there. However, your feedback on no laws were broken regarding the fence, thats the kind of suggestions that i'm looking for. Thank you very much as your legal advise here does help us a lot as now we know that there are no laws that are broken regarding the fence part. We're not really looking to go to court because of this issue here. But since we know that its not against any laws or be unable to find solution then i guess its fire vs fire as I really dont see another solution here. We have tried speaking to her and I was just turning a deaf ear as she was rambling about how she had live in the UK etc which isn't part of the subject. The conclusion she came to is "tell her to remove her stuff from the fence, not dump it". However when i asked her to remove it the other day, she started saying we're fussy and with her tight schedule she doesn't have time for this petty things despite me asking her to remove it politely.



Regarding those that suggested to report to the landlord. What can the landlord do? Can someone enlighten me on that as I really have no clue. Thanks in advance.

This post has been edited by kelvin_tan: Nov 6 2008, 02:52 PM
tr|n|ty
post Nov 6 2008, 03:41 PM

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live with it. out of 10 ppl, 1 might be a crazy retards. some ppl when you complaint to them, they will come out with 1001 funny ideas to irritate you. i remember last time i rented a house and once awhile my neighbour parked right in front of my gate, blocking my car. i tried to talk to them nicely but since then can say everyday park in front of my gate just to protect their ego. one day i lost my temper and i bang my car onto their volvo and caused some serious damage to both of our cars. the bad thing is i have to fork out some rm500 to repair but they never parked near to my house anymore. so what i can say is either by brute force or live with it. tongue.gif
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post Nov 6 2008, 07:54 PM

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Dude, I would suggest talking to your landlord since the tenant obviously doesn't wanna compromise. Legal aspect wise, I would be inclined to think that these actions could be regarded as a form of nuisance in a form of interference with enjoyment of your property.Although I could be wrong. wiki Just read this for a general understanding of this.

Anyway, I'm not a qualified lawyer and its best to do your legal research 1st for this if you really wanna do a proper complain. All the best! biggrin.gif
ah_suknat
post Nov 6 2008, 09:03 PM

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QUOTE(tr|n|ty @ Nov 6 2008, 07:41 AM)
live with it. out of 10 ppl, 1 might be a crazy retards. some ppl when you complaint to them, they will come out with 1001 funny ideas to irritate you. i remember last time i rented a house and once awhile my neighbour parked right in front of my gate, blocking my car. i tried to talk to them nicely but since then can say everyday park in front of my gate just to protect their ego. one day i lost my temper and i bang my car onto their volvo and caused some serious damage to both of our cars. the bad thing is i have to fork out some rm500 to repair but they never parked near to my house anymore. so what i can say is either by brute force or live with it. tongue.gif
*
actually, this case of yours is quite similar to TS case, which is a breach of personal space I guess.

what you should do is to put a sign board saying "gate in constant use, please refrain from parking your vehicle infront of the gate, failure to do so will result in your vehicle being clamp", if he did park, take photos of the vehicle and the sign board, call the clamper and clamp the car, all the cost should be bare by the offender. make it black and white.

that is the same thing you can do for TS case, make it clear, put a sign board, warn her.
kelvin_tan
post Nov 6 2008, 10:46 PM

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@ak_suknat
thanks for your advice on the hang a signboard but i was hoping a less visible solution. Nevertheless thank you very much. To those that keep asking us to complain to the landlord, could you guys please tell me what can the land lord do? i've been asking for quite a few times on this question
DannyOP
post Nov 6 2008, 11:03 PM

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the landlord is only concerned about collecting rental, actually he won't be able to help much unless you can show that the tenant has damaged his property. If you can somehow show that the rubbish etc has done some damage to him then he might have a word with the tenant. Nowadays it is not easy to find a tenant, as long as the tenant pays, to the landlond she is a good tenant.
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post Nov 7 2008, 12:04 AM

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QUOTE(DannyOP @ Nov 6 2008, 03:03 PM)
the landlord is only concerned about collecting rental, actually he won't be able to help much unless you can show that the tenant has damaged his property. If you can somehow show that the rubbish etc has done some damage to him then he might have a word with the tenant. Nowadays it is not easy to find a tenant, as long as the tenant pays, to the landlond she is a good tenant.
*
which is very true, what makes you think that your neighbour's landlord want to entertain you in the 1st place, are you very close to the landlord? most landlord only start talking when the tenants action had direct or indirectly damage the property themselve.

don't even bother the landlord, he/she won't do anything!
F1meteor
post Nov 11 2008, 04:25 PM

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i'm a landlord myself, house belongs to my parents of course
first top priority, the tenant must pay rental every month and clear any utilities bill. i check their bill every month
secondly, they must make sure my house is clean.. not damaging my house..
if these 2 things is not done, i'll tell them to move out.

imagine if the neighbor can hang the rubbish just at the gate, how dirty is the house inside?
money is important but other things have to be considered as well..

for TS, i would say u try talk to the landlord...
blasto
post Nov 11 2008, 05:10 PM

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Refer to a lawyer. File a case.
If i were you.
This is personal to me. Money is not the matter..
Winning is the game.

1st gather proof, eg. Video tape, MMS, record conversation
( You know better than me )
Evidence man.
Proof her wrong.



speed7791
post Nov 11 2008, 05:31 PM

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1. take the case to court - no way shakehead.gif not feasible n worth the effort
2. talk to the landlord - can try but they're probably more interested in collecting rental, esp if the tenant pays promptly every mth. the landlord may
pretend to be nice n all hearing your complaints. the minute u turn your back the landlord gets back to his or her life.

if i were in your shoes ts, i may take her rubbish n throw it in the bin for her. if she doesn't have a bin i may even buy her one. its a very polite way of embarassing her, if she has any face value that is. how long i'm going to do that depends on how long or short my fuse is. i've not had any such neighbour b4 n i hope i don't encounter one also for that matter.

if confrontation is inevitable then so be it. sometimes confrontation isn't necessarily all bad. good things may sometimes come from bad situations...
mIssfROGY
post Nov 12 2008, 12:42 PM

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its going to waste time n money for lawyers. Like some had mentioned, give them a taste of their own medicine works best else they will just do watever they like.

My previous neighbour is also like yours. Worse is she can just throw stuffz onto my lawn, her trees leaves falls all over my lawn, but if my rubbish outside the gate so happened to be slightly touching her side, she'll throw it back to my side, as if it will make any differences since the rubbish collector will come soon anyway.

So i took my revenge....came home 1 day drunk and vomitted all over her gate outside (wasnt planned, but was thinking well) :/ Throw summore laaa, i throw in shit next time hmmrrp! (Oredi yan her for at least 10 years leh...that vomit was a collection of ten years hatred)

After that she kinda got the message la.....

This post has been edited by mIssfROGY: Nov 12 2008, 12:45 PM
TSKeNNy
post Jan 13 2009, 07:43 PM

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Thanks for the kind replies. Dealing with neighbours is just a part of life and appreciate the options provided should the situation worsen, including several options from legal to plain practical ones smile.gif

On the good side, the tide of events has turned sweet and for some reason my neighbour has became more cautious and stop doing things I would label "unreasonable". No idea why the change, but it's good for me anyway!
Can just hope it's sustainable and long term.
ssiapf
post Apr 18 2016, 11:32 AM

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Hi,
My neighbour cut his own big tree branches and drop at my backyard.
May i know what legal action can i take?
VOOSH
post Apr 18 2016, 03:38 PM

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QUOTE(kelvin_tan @ Nov 4 2008, 07:18 PM)
Hi i'm TS's brother and we would really actually appreciate LEGAL form of actions that can be taken and not nonsense like "taking big nails and do something to her car" as it is unethical and against the law to do so. In terms of hanging things on the fence is there anything that can be done aside fencing it up ? (last resort)
*
My 2 cents from managing tenants from hell bruce.gif bruce.gif

Step 1.
You have done this by trying to talk to the tenant and solving the issue mutually, but unsuccessful.

Step 2.
Approach the landlord and highlight the issues in a calm manner. Make known to landlord that you are coming to him/her first before taking any firm actions as their are the property owners and the actual neighbor. Most owners appreciate that you come to them first rather than having legal papers suddenly drop on their laps, etc. If landlord is decent enough they will take initiative to solve the problem.

Step 3.
If step 1 is unsuccessful, then your side go submit complaint to local counsel. Give reasonable complaints. Purpose of this is to let local counsel to intervene. Another reason is to have a track record of time/date of complaints which would be useful when goes to court.

Step 4.
Engage lawyer to step in. They will do the rest from here onwards.

This post has been edited by VOOSH: Apr 18 2016, 03:40 PM

 

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