COMMUNITY DISPUTES RESOLUTION
7
- “place of residence” means a house, a flat, an apartment or other dwelling place used for the purpose of residence;
- “special direction” means a direction made by a court under section 6(2) against a contravening party (within the meaning of that section);
- “vicinity”, in relation to a place of residence, includes any common corridor, common space or common property, any road, or any building or other property, in the surrounding area of the place of residence.
Tort of interference with enjoyment or use of place of residence
4.—(1) An individual who resides in a place of residence (called in this Part the respondent) must not, by his or her act or omission, directly or indirectly, and whether intentionally, recklessly or negligently, cause unreasonable interference with his or her neighbour’s enjoyment or use of the place of residence that the neighbour resides in.
(2) An act or omission by a respondent which may cause interference with his or her neighbour’s enjoyment or use of the neighbour’s place of residence may include (but is not limited to) any of the following:
- (a) causing excessive noise, smell, smoke, light or vibration;
- (b) littering at or in the vicinity of the neighbour’s place of residence;
- (c) obstructing the neighbour’s place of residence, by placing any thing or object, or by any other manner, at or in the vicinity of the neighbour’s place of residence;
- (d) interfering with the neighbour or the neighbour’s movable property, at or in the vicinity of the neighbour’s place of residence;
- (e) surveillance of the neighbour or of the neighbour’s place of residence, where the surveillance is done at or in the vicinity of that place of residence;
- (f) trespassing on the neighbour’s place of residence;
