Unreasonable Neighbour

[ahnyaahnya]

i have fan and air purifier. we dont on the air con as we prefer natural air.

thats the only window my living room have if dont open will be stuffy. the thing is every time by the time you smell in the living room, the fumes have drifted in and so you have been inhaling toxic. even after you close the windows and doors, theres still remenants of toxic smell so u have to completely leave the living room for 10-15mins.

imagine when i have kids alone in living room.

You try placing a big powerful air purifier by that window, and leave it on when anyone is in the living room.
Then when they start spraying, shut the window

 

[ahnyaahnya]

maybe they also upset that my family is noisy. cos we got 2 very active boys. they may fight, play or cry at home. my elder is quite mischevioua

So maybe the solution is to shut the window and turn on the aircon. Solves the problem they are creating for you..and the problem you suspect you are creating for them. Win-win solution

 

[ahnyaahnya]

not really cos its interterrace so not much gutter.

but their backyard is quite unkempt. got once we climbed to our rooftop cos wanted to check on some roof issue. realised their whole backyard is all grass, weed, trees (alive or dead) etc.

Mossies could be breeding there. Does NEA check such areas?

 

[ahnyaahnya]

its not i complained, my helper was the one who started feedbacked. also she said the trees attracting a lot of birds keep pooing on our laundry. she had to rewash quite a few times

Neither you nor your maid should be complaining about that. Tell her to deal with it...... or use a dryer

 

[drkcynic]

This thread not dead yet?

All I only see is one self entitled pointing fingers at another self entitled. Happens alot in SG because people only think of themselves.

Unreasonable neighbourSS indeed.

 

[Laneige]

U think he’s unreasonable
He thinks u r unreasonable

 

[Laneige]

i dunno if effective. 1st by right cannot film neighbour premises cos from our side living room cannot see them spray until you walk out to main gate. and by the time i smelt, usually they have sprayed finish and went back house. this is like those 2nd hand smoke scenario where neighbour smoke in their house window. within house compound but others need to suffer

Where’s yr aircon
They didn’t go yr place to spray so they not wrong
Just sian u have neighbors that believe in pesticide

 

[ahnyaahnya]

last time my hdb auntie neighbour so nice. will cook for us somemore. buy food for my baby. now really miss her.

Then why you move ?
Such nice neighbours are hard to find

 

[ahnyaahnya]

yes thats what i have been doing.

but im more worried about the kids when they are alone in the living room. they probably just breathe in all the fumes until an adult come into the living room

Your children are unattended to ?

 

[stingray1211]

I will just hire fumigation people everyday come and spray .. make sure spray onto their plants and into their house.

so difficult just close and on air con problem solved.

why people always say noisy , smelly , etc but can't close windows , on air con.



Read HWZ Forum Rules!

 

[PARKRANGER]

Self entitled TS mia?

go cook for neighbours or gifts (find a reason eg after trip back, festive etc). build good rapport

 

[wanderandwondered]

Trees and Neighbors

It is natural for leaves to fall and for branches to overhang. A neighbor cannot willy-nilly chop off branches that hang onto his property just because he doesn’t like it.

But where the overhanging branches pose a risk of falling and causing injury and damage, like dead branches would, the neighbor may have a valid claim in nuisance and therefore grounds to have the branches on his side trimmed.

The law of nuisance
Nuisance has 4 elements, all of which must be established:

The conditions and activities of the tree owner interfere with the complainant’s use and enjoyment of the land;
The tree owner’s interference was unreasonable;
The complainant has possessory rights over the land; and
Damage was caused.

“Trees from one property may stretch over to another, just as trees from the Muzayyin’s home might stretch their limbs elsewhere. Boundaries have no meaning to trees which obey only the law of nature.”

Justice Choo Han Teck in the High Court case
Shi Ka Yee v Nasrat Lucas Muzayyin and Priscilla Goh Puay Shan [2016] SGHC 138
It is natural for leaves to fall and for branches to overhang. A neighbor cannot willy-nilly chop off branches that hang onto his property just because he doesn’t like it.

But where the overhanging branches pose a risk of falling and causing injury and damage, like dead branches would, the neighbor may have a valid claim in nuisance and therefore grounds to have the branches on his side trimmed.

The law of nuisance
Nuisance has 4 elements, all of which must be established:

The conditions and activities of the tree owner interfere with the complainant’s use and enjoyment of the land;
The tree owner’s interference was unreasonable;
The complainant has possessory rights over the land; and
Damage was caused.
The Story
In 2016, both the Magistrates Court and the High Court of Singapore heard the case about a Rain Tree.1

This grand and lovely 80-year-old tree grew at 12 Astrid Hills, but large and thick branches overhung onto the adjacent land, at No. 13. The neighbors didn’t like this and wanted them trimmed.

Turning to the governing authority, the National Parks Board, they were advised to first seek the consent of the owner and then engage an arborist and contractor to do the job.

Attempts to obtain the consent were futile. Nothing happened.

Both arborists engaged by the owner and the neighbor alike reported that the Rain Tree had dead branches on both No. 12 and 13. These would fall and cause injury and damage, and therefore were a hazard.

Taking matters into their own hands, the neighbors engaged a contractor to do the trimming, which in turn triggered off a series of dramatic events that resulted in tortious suits by the neighbor for nuisance, trespass and assault.

This article focuses on Nuisance.

Are overhanging branches, which are found to be at risk of falling and causing damage and injury, and much of which are dead, a nuisance?
The Magistrates Court examined each of the 4 elements in the law of nuisance against the overhanging and dead branches of the Rain Tree and found that all four had been established. Accordingly, nuisance existed.

1. The first element really is the crux of nuisance.

Did the tree owner cause or permit to exist a state of affairs on his property from which damage to his neighbor’s property is likely to arise.

The Rain Tree grew along the boundary wall of both properties. The overhang was at the front yard of the neighbor’s. The risk of damage and injury was high.

2. Was it a reasonable use of land to have a tree with 30% of its branches dead, some of which overhangs on the neighbor’s land, a reasonable use of one’s land?

It was not. The use had created and continued to create a hazard which the tree owner knew or should have known carries a foreseeable risk of damage.

3. Given that the branches were overhanging on the No. 13 side from 2014 when the neighbour moved in and he became an owner later in 2016, could he claim nuisance for the time when he had possession but not ownership?

The nuisance being a continuing one right up to the time of the suit, where it continued inflicting damage to the property, a person in possession could recover losses that began before or after becoming an owner.

4. Was there damage caused by the overhanging and dead branches and was it forseeable?

There was actual damage caused from the falling sap of the Rain Tree that fell onto the neighbor’s driveway and this seeping continued.

Also the Magistrates Court found that it was foreseeable that the neighbor would have had to expend time, effort and costs to clear withered leaves, dead branches and sap from the broken branches that stain the driveway and continued to do so.

The Award
Nuisance having been proved to exist and to be continuing at the time of the suit, the Magistrates Court made the following awards:

A. To abate the nuisance (which continued to pose risks), the Owner was ordered to trim the branches on the No. 13 side; and

B. Payment for damages, which were foreseeable as arising out of the nuisance, being the expenditure incurred by the neighbors to abate the nuisance; viz.

the costs of the arborist and contractor to clear the sap, stop the Rain Tree from seeping further sap onto the driveway and to remove the branch of the Rain Tree which was seeping sap
the costs of the services of an arborist and contractor for attending at the neighbor’s property
How could the dispute have been handled differently?
“…this dispute should not have involved so many lawyers and so much of time in court.”, said Justice Choo Han Teck.

Here are some suggestions as what could have been done differently:

Talk
Whatsapp messages, email exchanges and letters can seem impersonal, especially when individuals live next to each other. Ringing the doorbell and having a chat can be a more sensitive and personable approach.

Seek the help of a Neighborhood Committee or other community dispute resolution channel.
Here is a useful link.

Some of the content at this link is reproduced.

Mediation as a form of dispute resolution
(for various kinds of disputes)

You are encouraged to first approach the other dispute party to discuss solutions that may resolve matters amicably. If this is not effective, mediation may be considered.

Mediation is a process in which a neutral third-party mediator facilitates the parties’ settlement negotiations, to help them arrive at a mutually acceptable solution. The focus of mediation is on finding solutions that will meet the parties’ concerns. The mediator will not make a decision concerning who is at fault in the dispute.

For non-contractual disputes such as community and neighbourly disputes, you may consider approaching the Community Mediation Centre (CMC), which is administered by the Ministry of Law. Mediation at CMC is a cost effective way for parties to resolve their issues. You may read examples of cases mediated by CMC. For contractual disputes, you may consider mediation bodies such as the Singapore Mediation Centre (SMC).

For encroachment / boundary line disputes, you may consider to ascertain your own land/boundary ownership by obtaining a registered surveyor’s certification on your legal boundary. You may then consider mediation via CMC or SMC to help resolve the dispute.

Neighbourhood Committees
(for neighbourly disputes)

Neighbourhood Committees (NCs) encourage active citizenry and foster stronger community bonds within private housing estates. One of the NCs’ functions is to promote neighbourliness, harmony and cohesiveness amongst residents, and also foster good citizenship amongst residents.

If you live in a private estate, you may consider approaching your NC to see if they can help to mediate the dispute. For a list of NCs, you may visit the People’s Association website.


https://www.rhtlawasia.com/trees-and-neighbors/

 

[wanderandwondered]

be the next everton couple

OR....

Neighbours fight over gate and access road

https://aboutsingaporeproperty.wordpress.com/2009/02/01/neighbours-fight-over-gate-and-access-road/

 

[tinwhistle83]

Trees and Neighbors

It is natural for leaves to fall and for branches to overhang. A neighbor cannot willy-nilly chop off branches that hang onto his property just because he doesn’t like it.

But where the overhanging branches pose a risk of falling and causing injury and damage, like dead branches would, the neighbor may have a valid claim in nuisance and therefore grounds to have the branches on his side trimmed.

The law of nuisance
Nuisance has 4 elements, all of which must be established:

The conditions and activities of the tree owner interfere with the complainant’s use and enjoyment of the land;
The tree owner’s interference was unreasonable;
The complainant has possessory rights over the land; and
Damage was caused.

“Trees from one property may stretch over to another, just as trees from the Muzayyin’s home might stretch their limbs elsewhere. Boundaries have no meaning to trees which obey only the law of nature.”

Justice Choo Han Teck in the High Court case
Shi Ka Yee v Nasrat Lucas Muzayyin and Priscilla Goh Puay Shan [2016] SGHC 138
It is natural for leaves to fall and for branches to overhang. A neighbor cannot willy-nilly chop off branches that hang onto his property just because he doesn’t like it.

But where the overhanging branches pose a risk of falling and causing injury and damage, like dead branches would, the neighbor may have a valid claim in nuisance and therefore grounds to have the branches on his side trimmed.

The law of nuisance
Nuisance has 4 elements, all of which must be established:

The conditions and activities of the tree owner interfere with the complainant’s use and enjoyment of the land;
The tree owner’s interference was unreasonable;
The complainant has possessory rights over the land; and
Damage was caused.
The Story
In 2016, both the Magistrates Court and the High Court of Singapore heard the case about a Rain Tree.1

This grand and lovely 80-year-old tree grew at 12 Astrid Hills, but large and thick branches overhung onto the adjacent land, at No. 13. The neighbors didn’t like this and wanted them trimmed.

Turning to the governing authority, the National Parks Board, they were advised to first seek the consent of the owner and then engage an arborist and contractor to do the job.

Attempts to obtain the consent were futile. Nothing happened.

Both arborists engaged by the owner and the neighbor alike reported that the Rain Tree had dead branches on both No. 12 and 13. These would fall and cause injury and damage, and therefore were a hazard.

Taking matters into their own hands, the neighbors engaged a contractor to do the trimming, which in turn triggered off a series of dramatic events that resulted in tortious suits by the neighbor for nuisance, trespass and assault.

This article focuses on Nuisance.

Are overhanging branches, which are found to be at risk of falling and causing damage and injury, and much of which are dead, a nuisance?
The Magistrates Court examined each of the 4 elements in the law of nuisance against the overhanging and dead branches of the Rain Tree and found that all four had been established. Accordingly, nuisance existed.

1. The first element really is the crux of nuisance.

Did the tree owner cause or permit to exist a state of affairs on his property from which damage to his neighbor’s property is likely to arise.

The Rain Tree grew along the boundary wall of both properties. The overhang was at the front yard of the neighbor’s. The risk of damage and injury was high.

2. Was it a reasonable use of land to have a tree with 30% of its branches dead, some of which overhangs on the neighbor’s land, a reasonable use of one’s land?

It was not. The use had created and continued to create a hazard which the tree owner knew or should have known carries a foreseeable risk of damage.

3. Given that the branches were overhanging on the No. 13 side from 2014 when the neighbour moved in and he became an owner later in 2016, could he claim nuisance for the time when he had possession but not ownership?

The nuisance being a continuing one right up to the time of the suit, where it continued inflicting damage to the property, a person in possession could recover losses that began before or after becoming an owner.

4. Was there damage caused by the overhanging and dead branches and was it forseeable?

There was actual damage caused from the falling sap of the Rain Tree that fell onto the neighbor’s driveway and this seeping continued.

Also the Magistrates Court found that it was foreseeable that the neighbor would have had to expend time, effort and costs to clear withered leaves, dead branches and sap from the broken branches that stain the driveway and continued to do so.

The Award
Nuisance having been proved to exist and to be continuing at the time of the suit, the Magistrates Court made the following awards:

A. To abate the nuisance (which continued to pose risks), the Owner was ordered to trim the branches on the No. 13 side; and

B. Payment for damages, which were foreseeable as arising out of the nuisance, being the expenditure incurred by the neighbors to abate the nuisance; viz.

the costs of the arborist and contractor to clear the sap, stop the Rain Tree from seeping further sap onto the driveway and to remove the branch of the Rain Tree which was seeping sap
the costs of the services of an arborist and contractor for attending at the neighbor’s property
How could the dispute have been handled differently?
“…this dispute should not have involved so many lawyers and so much of time in court.”, said Justice Choo Han Teck.

Here are some suggestions as what could have been done differently:

Talk
Whatsapp messages, email exchanges and letters can seem impersonal, especially when individuals live next to each other. Ringing the doorbell and having a chat can be a more sensitive and personable approach.

Seek the help of a Neighborhood Committee or other community dispute resolution channel.
Here is a useful link.

Some of the content at this link is reproduced.

Mediation as a form of dispute resolution
(for various kinds of disputes)

You are encouraged to first approach the other dispute party to discuss solutions that may resolve matters amicably. If this is not effective, mediation may be considered.

Mediation is a process in which a neutral third-party mediator facilitates the parties’ settlement negotiations, to help them arrive at a mutually acceptable solution. The focus of mediation is on finding solutions that will meet the parties’ concerns. The mediator will not make a decision concerning who is at fault in the dispute.

For non-contractual disputes such as community and neighbourly disputes, you may consider approaching the Community Mediation Centre (CMC), which is administered by the Ministry of Law. Mediation at CMC is a cost effective way for parties to resolve their issues. You may read examples of cases mediated by CMC. For contractual disputes, you may consider mediation bodies such as the Singapore Mediation Centre (SMC).

For encroachment / boundary line disputes, you may consider to ascertain your own land/boundary ownership by obtaining a registered surveyor’s certification on your legal boundary. You may then consider mediation via CMC or SMC to help resolve the dispute.

Neighbourhood Committees
(for neighbourly disputes)

Neighbourhood Committees (NCs) encourage active citizenry and foster stronger community bonds within private housing estates. One of the NCs’ functions is to promote neighbourliness, harmony and cohesiveness amongst residents, and also foster good citizenship amongst residents.

If you live in a private estate, you may consider approaching your NC to see if they can help to mediate the dispute. For a list of NCs, you may visit the People’s Association website.


https://www.rhtlawasia.com/trees-and-neighbors/

my neighbour tree is damaging our awning, cos whenever we deploy our outdoor awning the overhang tree will intercept and create fine damages since theres friction.

 

[tinwhistle83]

the other day they spray so much insecticide that 2nd floor also can smell. and we realised they spray into air kind. a few times we saw they just use the insecticide and wave around and spray into air. no wonder the smell can come my area so fast.

 

[wanderandwondered]

my neighbour tree is damaging our awning, cos whenever we deploy our outdoor awning the overhang tree will intercept and create fine damages since theres friction.

Just wandering if it would be possible at all to approach your neighbour in a non confrontational way to see if he/she is open to trimming the tree a wee bit to prevent further wear and tear. You reckon they would be more open to discussion if you bring a small gift when you broach the subject?

It would be nice if you can get the problem sorted amicably.

All the best.

 

[ZacharyA]

i dunno if effective. 1st by right cannot film neighbour premises cos from our side living room cannot see them spray until you walk out to main gate. and by the time i smelt, usually they have sprayed finish and went back house. this is like those 2nd hand smoke scenario where neighbour smoke in their house window. within house compound but others need to suffer

There is something called motion detection camera and only start recording when there is motion. You can either take action and find evidence yourself and give to the authorities to follow up, or keep harping to authorities for them to take action, which they may or might not, of which then you need to see MP to push the relevant agencies or town council or RC / NC network to mediate and help you deal with the neighbour.

 

[jeffprobst]

actually now is a good time to complain to your MP to do something about it.

 

[enimen]

U can buy 10 x industrial fans pointing upwards which u can remotely turn on the moment u smell the insecticide. Blow it back to their general direction.

Fan is inside your property, what can they say?

If they complain windy, just say it's mother nature, happen to blow air to their direction. Nothing u can do about it