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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10440
Experience:  Barrister 17 years experience
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Hello This concerns a Neighbour Dispute , Brief Outline

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This concerns a Neighbour Dispute , Brief Outline , I have a granite garden at the front of my house, paving along with Various Granite Ornaments , our Neighbour has alot of old Metal items in his garden which he sprayed last year in his back garden before moving to his front garden , we are in a close block of 11 houses, which did not effect me or our front garden . However this week he came out in his front garden and started "touching up" various items using a paint spay can , i observed him and then he came to an item , a metal table, which is in close proximity to our garden and saw clouds of the Spay blow into our garden,i then shouted out the window telling my Neighbour not to let any paint get into my garden or i would be going to a solicitor with a complaint , with this he launched what i would call a vicious verbal attack which contained threats to me , saying he "would take me down" and "i'm well able for you " and basically he would beat me up or do me harm , a very very nasty incident he was also challenging me to come out which i didn't take him up on ,his response was actually very telling indeed , instead of flatly denying that any of the paint was indeed entering my garden he said " you were spraying water into our garden"! water!!!! i told him there is a big difference between spraying water (powerhosing) to clean my garden and deliberately using an aerosol paint to cause annoyance , and when i am cleaning the garden i take all steps to make sure as best i can that indeed very little water spay touches his property.

Question is , can i video tape and Audio Record this guy making Threats to me and calling me names like he did this week? if i am in my own front garden ? he called me a "f**king c**t" about 50 times and a "f**king bastard" etc etc can i use a covert video/audio device which can be placed upon my person? and if so can the recording be used in a court of law here in Ireland? in order to get some kind of conviction.

Secondly, almost 2 years ago we got a council grant to modify our home because my Mother was seriously ill , our Neighbour issued Threats with regard to this also , saying HE could go to a solicitor and lodge an objection to the Extension wall which borders his property at the back of the house , though at the time no such objections were indeed raised by our neighbours , is there a time limit for when they can indeed lodge an Objection? please Clarify

Kind Regards


Buachaill : 1. Yes, you can use audio and video recordings to record your neighbour threatening you and using foul language in your direction, provided it is in your own property and you write down and record how and when it was operated. This latter step is necessary because in order for computer/audio/video recording to be used in court, the person or side introducing the evidence must be able to confirm that the device which made the recording was operating properly at the time. However, you certainly can record your neighbour's foul mouthed tirades for use in court proceedings.
Buachaill : 2. Secondly, there is a six week time limit for objections to planning permission. Accordingly this six week time limit has long since elapsed. Provided the extension wall was built in accordance with planning permission and along the boundary line of the property, there is no lawful basis for objecting to it. For this reason, I believe that your neighbour may already have received legal advice that making an objection is pointless. That is why nothing has been done in relation to it, despite the threats made. Accordingly, I would not worry further about this issue.
Buachaill : Please RATE the answer positively so that I may get paid
Customer: Hello
Customer: Many thanks for your reply , one follow up question with regard to "provided it is in your own property and you write down and record how and when it was operated" well actually the last part , about writing down how and when it was recorded , i just state i pressed this button or that button? i am considering having it inside a pen that can fit in my coat pocket , this is what i would have to explain?
Customer: Paul
Buachaill : 3. The idea is that it can be proved in court, so you simply write down the steps you take to operate it. If this includes pushing this button or that, then so be it.
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