Assistance with neighbour conflicts and mediation

Questioner

There has been a conflict with the neighbours who moved in next door for about 12 years now. I am regularly called names, even today when I was just working in our own garden. Can someone just insult you with impunity while you are working in your own garden? Of course that is done when there are no witnesses. Is there anything to do about this?

Lawyer

Insulting is a punishable offense. So it is not allowed. You can report this. However, if there are no witnesses or other supporting evidence (image or sound recordings) then you have little evidence to actually make a case out of this. Courage!

Lawyer

You might consider making an audio recording, then at least you have proof. Furthermore, it is unlawful to continually harass (hinder) someone by calling them names. The judge can prohibit the other party from doing so in summary proceedings. If you are insulted while there are no witnesses, there is no question of punishable insult. It is annoying for you but your name is not damaged towards third parties and it is precisely this public character that is at stake in libel, slander and insult.

Questioner

I understand. Thank you very much for your quick response. Do you perhaps also have a solution to resolve a 12-year conflict, so that we can continue our lives in peace? This is about name-calling, intimidation, constantly sending the police to us with false accusations such as arson, blowing leaves on their pasture, spitting, this kind of thing. Putting us in a bad light with other neighbors. In their previous place of residence they also did this to their neighbors, but they formed a block against them so that they left. Their old neighbors also feel sorry for us and what we are experiencing is so unbelievable that everyone says that such people don't do that (he has a very high position at an insurance company). But those old neighbors assured us that it really isn't our fault, you just start doubting yourself. It is psychological warfare to bully us away. Please help/advice.

Lawyer

There is no remedy for this kind of behavior. If you have asked the judge for ten prohibitions, they will probably find an eleventh action with which they can hinder you. I can advise you no other than: - neighborhood mediation or mediation; - to move house. That sounds harsh, but eleven years of experience in the legal profession has taught me that these kinds of neighborhood problems can hardly be solved through legal means. In the worst case, the procedures continue until one of the parties has gone bankrupt, moved, died, or fallen ill from all the tension. If your goal is: 'to be able to get on with our lives in peace', I have to tell you (unfortunately) that you will probably not achieve that goal through litigation. That is why I advise you to try neighbourhood mediation. I suspect that there is a deeper problem, a triviality that has been blown out of proportion over the years. Mediation can be used to try to get to the bottom of this 'sting' of the dispute and get both parties to at least start talking to each other again. In most cases, this is successful. Mediation is also suitable for conflicts that are not business-related in nature, but are rather motivated by emotions or principles.

Questioner

Thanks for your response. Is neighborhood mediation neutral, I mean because of his high position his influence at the municipality is great. So we need help from a neutral person. Where can I find that? And are there costs involved. We have very little to spend, independent, very small entrepreneur.

Lawyer

Many law firms - including ours - offer independent mediators. Mediators cost money but less than a legal procedure would cost. You can also make agreements with the mediator about the available budget or make a price agreement.

Questioner

Thank you very much for your answer.