What to do about the Neighbor from Hell?

Disputes between neighbors pose difficult legal problems.

A home is a deeply personal space and emotions can run high when people feel that personal space is invaded.

So what can you do if you are faced with a difficult neighbor?

Legally neighbor disputes break down into three categories: bylaw complaints, criminal complaints and civil claims.

Most munipalities have fairly strict rules about keeping properties presentable. If there is a problem with, say, weeds not being taken care of or a car being parked on the front lawn, a complaint to the local municipality will generally bring out a bylaw officer who will either warn the neighbor and given them time to clear up the problem or issue a ticket. If the problem is not fixed the municipality may fix the problem and bill the neighbor. If the bill is not paid the cost will end up forming a lien on the property.

Criminal complaints usually arise where someone is, or feels, threatened by another. Threatening to injure someone or to damage their property is a criminal offence (s 264.1 Criminal Code). Harassment (s. 264) is also a crime and occurs where someone engages in conduct that makes another reasonably fear for their safety. Both of these charges are serious and can be laid by the police.

Where someone has a reasonable fear for their safety they can also seek a Peace Bond from a Justice of the Peace in intake court. If the Justice of the Peace is satisfied that what is alleged shows a genuine fear for safety, then a summons will be served upon the dangerous neighbor to appear in court at a future date. The neighbor will then have to "show cause" why he or she should not be required to enter into a peace bond recognizance. The conditions of the peace bond are usually applicable for a period of one year, with terms that he "keep the peace" and "be on good behavior". Breaching a Peace Bond is a criminal offence. You can find out where to find the closest intake court, as well as its hours, by telephoning the Ontario Court of Justice which is listed in the Blue Pages of the telephone book.

It should be emphasized that a fear for safety in this context is more than the neighbor being rude or unfriendly. In fact, a recent case involved a neighbor putting up a rude sign about his neighbor and that was held to be not criminal because there was no fear – just insult.

Civil cases involve either trespass or nuisance. Tresspass cases are common and involve one neighbor using the land of the other. Such cases are sometimes difficult to prove especially in rural areas where property lines can be vague and possessory title (or squatters rights) can apply. Under some circumstances, an individual can obtain possessory rights to property where the possession or occupation of the lands were 1) open, 2) continuous, and 3) undisputed for ten years. Such entitlement is becoming increasingly unusual in Ontario because most land in the province is no longer subject to possessory title but it remains an issue in rural areas. Nuisance cases do not require any entry onto a neighbor’s land. Allowing damages, say by changing the way water flows off property and flooding a neighbor’s land is a nuisance as is a use that amounts to an undue interference with the quite enjoyment of land – continuous loud parties would be an example.