What laws can be used to resolve neighborly disputes?

Is having a problematic neighbor a legal offense?

Most common problems between neighbors include obstructive parking, noise, odors, and dirt. These are minor offenses under Sections 370 and 397 of the Criminal Code.

– Section 370: Anyone who makes noise, creates sound, or causes a disturbance without reasonable cause, thereby causing public alarm or distress, shall be liable to a fine not exceeding 1,000 baht.

– Section 397: Anyone who, by any means, harasses, intimidates, threatens, or causes embarrassment or annoyance to another person shall be liable to a fine not exceeding 5,000 baht.

Noise is an offense under Section 370, while obstructive parking, odors, and dirt are offenses of causing nuisance under Section 397.

In addition to the penalties under the Criminal Code, those suffering from odors or dirtiness from a neighbor may file a complaint with the local authority. In accordance with the Cleanliness and Orderliness of the City Act B.E. 2535 (1992) and the Public Health Act B.E. 2535 (1992), local officials have the authority to order violators to rectify the situation. Failure to comply may result in criminal penalties depending on the case.

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Can a neighbor who causes problems claim damages?

The above concerns criminal liability, where the law punishes the offender with imprisonment or fines. However, as a homeowner who has suffered damage and nuisance, we have the right to claim damages under civil law regarding torts, specifically Articles 420 and 421 of the Civil and Commercial Code.

– Article 420: Whoever intentionally or negligently commits an unlawful act against another person causing damage to their life, body, health, liberty, property, or any other right, is deemed to have committed a tort and must pay compensation for such damage.

– Article 421: The exercise of a right which only causes damage to another person is considered unlawful.
It is Article 421 that is particularly interesting. Legal experts refer to this as "exceeding one's rights." Generally, exercising one's legal rights is permissible, even if it affects others.

However, the excess of rights under Section 421 refers to exercising rights in a way that causes undue hardship to others—a right beyond what is reasonable or expected. This constitutes a tort, requiring compensation for damages. Examples include:

– Supreme Court Judgment No. 1581/2538: Constructing a burial plot just 10 meters from a neighbor's land, even with permission under the Cemetery and Cremation Act, was considered a tort.

– Supreme Court Judgment No. 780/2538: While one co-owner has rights over all parts of the land, building a house across a path regularly used by other co-owners constituted a tort.

In cases of tort under Sections 420 or 421, the aggrieved party can file a lawsuit to claim damages and request the court to compel the defendant to cease the tortious act, rectify the situation, or, if the hardship cannot be restored to its original state, claim additional compensation.

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As mentioned above, in cases where we experience undue disturbance from our neighbors, the law protects our rights, both civil and criminal. However, in living together, it is best to be considerate and not self-centered to avoid potential problems.

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Thank you for the valuable information from DD Property.