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Solving Neighbour Disputes
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Noise is probably the single most frequent source of complaint between neighbours. But there are a number of ways in which this and other nuisances can be approached and resolved.
It is advisable to keep an up to date record of events - recording the day, date, time and nature of the incident causing you distress. This will help you to get some perspective about how often the nuisance happens. It will also help the local authority, police and courts see an established pattern of the nuisance should you need to take formal action later.
Step one - approaching your neighbour
In most cases it's advisable to first make an informal approach to whoever is causing the problem. Problems may be due to difficulties in communication or even differences in lifestyle.
Try and speak to them and explain what is causing you distress. You may find that they are unaware that their noise or behaviour is disturbing you. However this approach may sometimes be difficult - particularly if you are suffering serious harassment or abuse.
Step two - get support from other neighbours
If other neighbours are having the same problem you could make a joint approach to whoever is responsible for the nuisance. Perhaps organise a letter signed by the group of people who are suffering - this will show the person responsible for the nuisance that more than one individual is concerned.
If you are a council or housing association tenant you could also raise this issue at the residents' group meeting. Should this be the case contact your housing officer who will provide you with details of when the group meets.
Step three - mediation
Mediation is a way of coming to an agreement without going to court - although it can also take place if there has been court action. An independent mediator will listen to the views of both you and your neighbour to try to help you to reach an agreement or compromise.
The organisation Mediation UK can tell you whether a mediation service is available in your local area. If you are suffering nuisance in sheltered or retirement housing the organisation INNIS - Age Concern Scotland's advice service for sheltered and retirement housing - may be able to help.
Step four - council action
If the problem cannot be resolved by the above methods, then more formal action from the council may be necessary. Your local council has legal powers to take action against noise and health hazards which are deemed to be a statutory nuisance. The Antisocial Behaviour etc (Scotland) Act 2004 gives further powers to both local authorities and the police to deal with noise and neighbour nuisance.
Information courtesy of Age Concern Factsheet 9s Scotland,' Noise and neighbour nuisance - what you can do' February 2005
Website:www.ageconcernscotland.org.uk
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