Neighbor harassment is a somewhat broad category of behavior that is usually defined based on two factors: the intent of the person doing the harassing, and the effects of that behavior on others. In most places the term has both a legal definition and a more common understanding. In the law, true harassment is often very difficult to prove. It usually requires a sustained pattern of behavior or speech that is intentionally designed to harm another person or cause some sort of pronounced distress, plus some sort of actual damages that result.
In a neighborhood setting this could include things like repeated damage to property, intentionally violating noise ordinances, trespassing, or putting things like garbage on a specific neighbor’s property; slander and vicious speech to others in the neighborhood or community might also qualify. People often talk about harassment among neighbors more informally, too, which can blur the definition. Simply being a “bad” neighbor — not returning borrowed items, using vulgar language, or being unfriendly — can fall under this label in casual conversation, but these sorts of behaviors don’t usually meet the threshold when thinking about things from a legal perspective.
In most places, “harassment” is a legal term of art that applies to behavior that is sustained, repeated, and targeted. These characteristics usually apply to neighbor harassment, too. As such, the behavior that can be said to constitute this sort of harassment usually has to have been going on for a long time and must be directed specifically at certain people in a neighborhood or residential community. It can be somewhat difficult to put a fixed definition on what exactly constitutes harassment in these settings since so much of it depends on the circumstances. Most of the time, though, it’s behavior that’s more than just annoying — it’s something that actually makes the target feel unsafe, unwelcome, or otherwise vulnerable in and around his home.
Importance of Intent
In most cases the offender’s intent is also essential. If the harm that’s caused isn’t intentional, the law won’t usually consider it to be true harassment. This means that simply being bothered or annoyed by a neighbor’s behavior, even consistent behavior, isn’t usually enough to meet the threshold.
Neighbor harassment isn’t usually something that is illegal, at least not at a specific level. The laws do vary from place to place, of course, but most of the time even true problems between neighbors rarely rise to the level of being illegal. In most cases, the biggest legal question concerns actual damages. In order to have a strong or even a viable case, a party will usually have to prove, in court, that he or she has suffered some sort of definable economic or emotional damage. Monetary loss and property damage are some of the most obvious. On the emotional side of things, simply being annoyed or bothered isn’t usually enough — the harassment typically has to rise to the level of extreme distress, like anxiety or some other diagnosed mental health condition that has been confirmed by a medical expert.
Even if the harassment itself isn’t punishable, affected neighbors often have some legal remedies. Many local authorities and courts will issue no-contact orders and restraining orders that prohibit certain individuals from contacting or even coming close to named others. These take a lot less effort, and certainly cost a lot less, than going to trial or taking an issue to court; in many cases, they can end the problem, too.
Issues of Free Speech
Harassment that centers on speech, like calling a neighbor names or “trashing” his or her reputation in the community, can be especially problematic, particularly in places that put a lot of value on free speech. For the most part, courts agree that an opinion differs from fact, no matter how vicious the opinion. A person can be legally allowed to express an opinion, but misrepresenting facts or lying about facts regarding a neighbor might be considered harassment.
Two of the primary exceptions to free speech are libel and slander, which are types of speech that are typically intended to misrepresent the truth, either in print or speech. It can be very difficult to prove in a court of law that a neighbor has committed either of these sorts of harassment since the legal requirements tend to be really high, but the effects can be very obvious and damaging. For example, if a person tells others in the community that a neighbor cooks diseased food that has been served to others, this can lead to the community shunning the neighbor or could even have an effect on the neighbor's professional life. If these economic and emotional damages can be proved, there may be a case and the law may be able to solve the problem — or at least put a stop to the harmful commentary.
How to Document Neighbor Harassment
While interactions with a neighbor who is harassing you can leave you feeling shaken and upset, it is important to act fast and stay organized in your documentation of the event. Harassment can take many forms, and if something a neighbor is doing is making you feel unsafe, you should write down the details, such as when it happened, and what was done. Keep a record of all the times you speak or interact in any way with the neighbor in question.
What Is Harassment?
If you're dealing with a neighbor that makes you feel uncomfortable, you may be wondering if what they are doing actually constitutes harassment or not. There are many types of unwelcome behavior that fall into the category of harassment. This includes threatening behavior, such as being yelled at or unwelcomely disturbed on your property. An example of serious harassment is a neighbor repeatedly entering your property to cause damages or pound on doors.
Harassment can also be behaviors that are more offensive or derogatory than threatening. Constant name calling or rude behavior on your property can be equally serious to threats and damages. You have the right to feel safe and comfortable in your home, and if a neighbor is preventing that, there are actions you can take.
Recording Conversations and Interactions
When documenting harassment, you can keep all of the information typed in a digital format, which should include timestamps of when it happened. Emails to yourself can be a good way to do this, as they will always include accurate timestamps. You should take pictures of any damages caused by the neighbor and add them to your documentation. It can be tempting to audio-record conversations as they happen, but laws on this can vary from state to state and are something you should look into first.
What to Do If You Feel Threatened by a Neighbor
If you feel threatened by a neighbor, your safety should be your top priority. It can be a good idea to invest in good home security, such as cameras and video doorbells that allow you to see who is at the door before you answer. If you feel you are in physical danger, calling the police is the best course of action. Add notes on any incidents involving the police to your documentation on the harassment for use in future legal action. Depending on the state where you live, you may be able to get a protective order that prevents a neighbor from legally entering your property.
Can I Sue My Neighbor for Harassment?
There are neighbor harassment laws that can be used to your advantage to protect you. Whether your neighbor is making you feel threatened or acting offensively, there are legal actions you can take. With proper documentation of the events that have occurred, you will be much better prepared to present a court case against the offending neighbor.
Steps to Taking Legal Action
If you decide that it is time to take action against a harmful or offensive neighbor, there are a few steps you should take to ensure that you have the best chances for success. Firstly, as long as you don't feel like you are in physical danger, it can be a good idea to try and solve the problem through conversation with the neighbor. This can be done via emails, so that you have a paper trail to refer back to should things remain unresolved. Try to remain civil and see if there is a compromise of some form that can alleviate tensions.
Sometimes there is no reasoning with people who harass you. In these cases, it may be time to get aid from someone in an authority position. If you are a renter, you may want to let the landlord know what is going on to see if they can help resolve things. If your neighbor is unwilling to talk one on one with you, you may consider hiring a professional mediator to help sort things out between you.
Taking Legal Action
The final action you can take is to hire an attorney to help you with your case. If you have been keeping track of evidence, and have tried other measures to stop the harassment, a lawyer may be able to help pursue your case. Generally, the goal of these cases is to get the neighbor to stay away from you through a court-mandated protective order or restraining order. Lawsuits to recover the financial costs of any damages caused by the neighbor may also be something to consider.
Frequently Asked Questions
What constitutes harassment by a neighbor?
Neighbor harassment can take many forms, such as verbal abuse, threats, physical intimidation, or activities that interfere with a person's enjoyment of their property. Harassment can involve playing loud music continuously, making disparaging comments, or participating in stalking behavior. The important factor in assessing whether a person's behavior constitutes harassment is if it creates a hostile or intimidating environment that interferes with their capacity to live peacefully in their home.
What should I do if my neighbor is bothering me?
If you suspect you are being harassed by a neighbor, you should document the incident and contact a legal practitioner or law enforcement authorities. You may be able to seek a restraining order or file a lawsuit for damages, depending on the severity of the harassment. Mediation or other dispute resolution strategies may be helpful in some instances.
What if my neighbor is harassing me in a nonverbal way?
A neighbor's harassment can take various forms other than verbal assault, such as constantly dropping garbage on your property, spraying pesticides near your home, or parking in front of your driveway.In such cases, it is critical to preserve a record of the alleged activity and consult with an experienced legal practitioner about your alternatives. You may be able to get a restraining order or an injunction to prevent further harassment.
Can I report my next-door neighbor for harassing me to the authorities?
If you believe you are in imminent danger or that your neighbor is violating the law, you should contact the authorities. Authorities may be able to investigate and charge your neighbor with harassment or other criminal offenses. Save documentation of the action, such as video or audio recordings, to back up your allegation.
Can I submit a complaint about neighbor harassment to my homeowner's association (HOA)?
Yes, if you reside in a HOA-managed neighborhood, you may be allowed to submit a complaint with the HOA if your neighbor's behavior breaches community regulations or covenants. The HOA may be able to arbitrate or take action against the neighbor, such as issuing fines or even eviction. It's critical to read through your community's bylaws and standards to understand what measures the HOA can take and what proof you'll need to offer to back up your complaint.