Neighborhood problems: What legal solutions are available?

It's common for neighbors living side-by-side to have disagreements and conflicts. However, these disagreements often escalate into physical altercations or even crimes, as we frequently see in the news.

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Is causing problems between neighbors a legal offense?

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

– Section 370: Whoever makes noise, creates sound, or causes a disturbance without reasonable cause, thereby alarming or bothering the public, shall be liable to a fine not exceeding 1,000 baht.
– Section 397: Whoever, by any means, acts against another person in a way that constitutes harassment, intimidation, threats, or causes embarrassment or annoyance, shall be liable to a fine not exceeding 1,000 baht. A fine not exceeding 5,000 baht may be imposed.

Loud noise is an offense under Section 370 mentioned above. Obstructive parking, odor, and dirt are offenses of causing nuisance under Section 397.

In addition to the penalties under the Criminal Code mentioned above, those affected by neighbors' odor or dirtiness may complain to local authorities to take action under the Cleanliness and Orderliness of the City Act B.E. 2535 and the Public Health Act B.E. 2535. Local officials have the power to order offenders 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 offenders with imprisonment or fines. However, as a homeowner who has suffered damage or nuisance, we have the right to claim damages under civil law regarding torts, according to Sections 420 and 421 of the Civil and Commercial Code.

– Section 420: Whoever intentionally or negligently commits an unlawful act against another person causing damage resulting in death, Whether it be for the body, health, freedom, property, or any other right, if a person commits a tort, they must pay compensation for it.
– Article 421: The exercise of a right which only causes harm to another person is considered unlawful.
It is this case of Article 421 that is interesting. Legal experts call it "excessive use of rights." Normally, it is permissible for a person to exercise their rights according to the law, even if it affects others to some extent.

However, the excessive use of rights under Article 421 refers to the exercise of rights that causes undue hardship to others that is beyond what is reasonable or expected to be normal or justified. This is considered a tort and requires compensation. For example:

– Supreme Court Judgment No. 1581/2538: Constructing a burial plot only 10 meters from a neighbor's land, even with permission under the Cemetery and Cremation Act, is considered a tort.
– Supreme Court Judgment No. 780/2538: One co-owner of a piece of land can exercise rights over all parts of the land, but building a house across a path normally used by other co-owners is considered a tort.

When a violation occurs under Section 420 or 421 above, the aggrieved party can file a lawsuit in court to claim damages and ask the court to compel the defendant to cease the tortious act, or to rectify the situation. If the distressing condition cannot be restored to its original state, additional compensation can be claimed.

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As mentioned above, in cases where we suffer undue distress from our neighbors, the law protects our rights under both civil and criminal law. However, in living together, mutual respect and consideration, rather than being overly self-centered, are essential to avoid potential problems.

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Thank you for the valuable information from DD Property.