Articles

Love Thy Neighbour
26/08/2010

t has become his morning routine - one curse and a cup of coffee. My mother sighs before switching her attention back to the newspaper. And the banging keeps going. This is a typical day for my parents, and our neighbourhood, since the house next door was sold to a Chinese uncle who has been hammering his new walls to avoid the cost of hiring a professional as his pitiful neighbours bottle up their grudges. My family is, sadly, not in this alone. Whenever I raise this issue, there are almost always fellow sufferers enduring the same agonies. Among the most common problems are noisy neighbours, boundary disputes, invading plants, car parking, garbage and troublesome pets (mostly dogs). Humans have managed to solve many global problems with the exception of climate change, HIV/Aids, poverty and famine. Yet many of us are having trouble harmonising with the guy next door. So I made it my mission to put these troublesome disputes to rest with the help of Wipanan Prasompleum, a respected law professor at Chulalongkorn University and an associate of one of the most prestigious law firms, Allen and Overy. Noisy neighbours These people are so bothersome, yet so common. They are everywhere. We all have a bit of a groan when the guy next door decides to renovate his house early on Sunday morning, or their get-togethers with friends keep us up all night. Patience is a good first step, but when the issue becomes more serious, you might find yourself wanting to do something about it. According to section 420 of the Thai Civil and Commercial Code, "a person who, wilfully or negligently, unlawfully injures any right of another person is said to commit a wrongful act" and is bound to make compensation to damage arising from his action. But how do you know when to sue? "Generally, the damage has to be repetitive and interfere with your conducting your daily life," Wipanan explains. If it is just a one time incident, it is not enough to take legal action against that person. Wipanan further elaborates that in order to pursue a civil action on the grounds of a wrongful act, the damage has to be physical - which can be difficult in this case. "It is tricky when it comes to a violation of rights. You need evidence, and the damage has to be physical," says Wipanan. Source: http://bangkokpost.com/life/family/187330/love-thy-neighbour

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