November December 2019 Westender Magazine

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Legal Matters
Hate Thy Neighbour
Words from Donald Reid, Chairman at Mitchells Roberton:
West End tenement living can give rise to conflict over noise or use of
communal spaces. How do you deal with those less than considerate
neighbours? Read on to find out more.
The capacity for human beings to fall
out with each other is amazing.
A resident in a converted big house
in Pollokshields thinks it’s OK to store his
six old motor bikes permanently in the
communal front hall. A ground floor resident
in the West End padlocks the door to the
communal rear garden area to stop an upper
proprietor exercising his dog on the grass.
The upper proprietor retaliates by taking the
dog into the front garden owned exclusively
by the padlock wielding neighbour. Residents
of a steading development agree among
themselves that they can place their own wee
garden huts in a shared area. A new owner
moves in and erects an outhouse the size of
the Taj Mahal.
These examples come from actual cases
I have had referred to me. What we have
here are bullies and victims. Understandably
the victims turn to their lawyers but there
are at least two difficulties. First: contrary
to fokelore bullies are rarely cowards in my
experience. A ‘lawyer’s letter’ might put
the fear of death into most people but to a
bully such a letter is often gleefully received.
The obnoxious behaviour gets cranked up.
Second: lawyers are expensive. Even
to send a lawyer’s letter requires an initial
meeting with the victim, looking at evidence,
and then composing the letter. A few hundred
quid is gone and the bully just laughs the
letter off. So we need to consider court action
and if the bully squares up to fight the action
the costs can move from the disturbing to the
downright frightening.
My advice is first to ask the victims if
they have legal expense insurance. Lots of
household policies now routinely include
this but remember, prospects of success
are not the same as justice or fairness.
If there is no insurance nor enough money,
what can be done? All I can suggest is polite
confrontation. The victim should pluck up
courage to go and see the bully in the hope
that an offer to bury the hatchet might work.
Sometimes it does. Sometimes it doesn’t,
because the bully says he’s not bullying the
victim but the victim is bullying the bully so
the victim is the bully and the bully is the
victim.
The capacity for human beings to fall out
with each other is amazing.
If Donald Reid can help please
call him on 0141 552 3422, or email
dbr@mitchells-roberton.co.uk
Mitchells Roberton Solicitors
& Estate Agents
George House
36 North Hanover Street G1 2AD
0141 552 3422
www.mitchells-roberton.co.uk