What legal action can you take if a neighbour parks their vehicle in front of your home or worse, within your property?
A viral incident caught the attention of netizens recently, depicting a predicament faced by a Malaysian woman due to the inconsiderate action of her neighbour. In the TikTok post, the woman revealed that she returned home to find a neighbour had parked their Proton Waja within her property without asking for permission or even notifying her.
She further revealed that the neighbour had, at their own pleasure, opened the house gate and parked the car within her property. As a result, she was unable to park her car on her own property.
In response to the neighbour’s action, the woman then locked the gate with chains and two padlocks. Moreover, she also issued a warning to the neighbour on the post, saying that if they cut the chains and padlocks, she would report them to the police.
The viral post seems to resonate with Malaysians, many of whom shared their own experience with neighbours who park their vehicles as they please and block the entrance to their landed homes. Worse, others also shared incidents similar to the original poster, revealing how their neighbours had encroached on their property and parked their vehicles within the compound of their homes.
With that in mind, what legal actions can one take if they’re faced with a similar situation? Well, join us as we delve into the relevant laws on the matter below.
Section 48(1) of the Road Transport Act 1987
Should a neighbour park in front of your home and cause obstruction on the road, they may face action under Section 48(1) of the Road Transport Act 1987 below.
The provision establishes that it is an offence to park on any road in such a position that could likely cause danger, obstruction or undue inconvenience to other road users or traffic.
Applied to the situation at hand, parking in front of a neighbour’s house, if the road in front of it is a public road, can be deemed as an offence under the provision if the way the vehicle is parked is likely to cause danger, obstruction or undue inconvenience to other road users.
Those found guilty of the offence may face a fine between RM1,000 and RM5,000 or imprisonment of up to 1 year or both.
Furthermore, Section 48(2) of the same Act above provides the appropriate authorities with the power to clamp the wheel of the vehicle or remove it to any other location, while the rest of Section 48 prescribes the procedures for clamping and removal of the vehicle.
Section 46(1)(g) of the Drainage and Buildings Act 1974
Besides that, Section 46(1)(g) of the Drainage and Buildings Act 1974 (Act 133) may also apply, as it deals with a similar situation i.e. an obstruction on the road.
Section 46 of the Act further prescribes that offenders may be arrested without a warrant by any police officer or any officer or employee of the local authority authorised in writing on behalf of the local authority and taken before a Magistrate’s Court.
Moreover, upon conviction, offenders can be fined up to RM500, and if it’s their second or subsequent conviction, they may face a fine of up to RM1,000.
Section 22 of the Minor Offences Act 1955
As for those who parked their vehicles on your property, they may face action under Section 22 of the Minor Offences Act 1955 below for wilful trespass.
The provision prescribed it to be an offence for anyone who, without a satisfactory excuse, wilfully trespasses in any house or upon any land attached thereto. If convicted, they may face a fine of up to RM50.
Section 441 of the Penal Code
Additionally, entering a property in the possession of another may also be considered an offence under Section 441 of the Penal Code below for criminal trespass.
Applied to the subject matter at hand, an individual may be considered to have committed criminal trespass if they enter into or upon property in the possession of another with intent to intimidate or annoy any person in possession of such property.
If convicted, they may face action under Section 447 of the Penal Code above, which prescribes a punishment of imprisonment of up to 6 months or a fine of up to RM3,000 or both.
The tort of private nuisance
Besides that, should a neighbour park their vehicle on your property, you may consider taking civil action under the tort of private nuisance. Through this civil action, you can sue the wrongdoer to put an end to the interference via an injunction and claim any damages which the obstruction had caused.
The tort of private nuisance basically deals with interference with one’s enjoyment of their land or property due to the actions of another person. To successfully establish an action under the tort or private nuisance, you must prove these elements:
There is an interference with the enjoyment of his property
The interference was unreasonable
The interference had caused damage
Moreover, the interference must also generally be a result of a continuing state of affairs rather than a one-off incident. For an interference to be regarded as unreasonable, it would be that ‘goes beyond the normal bounds of acceptable behaviour’, as established under Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 4 MLJ 204 FC.
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