Legal Definitions - aemulatio vicini

Aemulatio vicini is a legal principle, primarily found in Scots law, that addresses situations where a landowner uses their property in a way that is primarily intended to cause harm or annoyance to a neighbor, rather than for a genuine benefit to themselves. It translates roughly to "spiteful use of neighboring property." The core idea is that while property owners generally have the right to use their land as they see fit, this right does not extend to actions taken solely out of malice or ill will, where the primary purpose is to injure a neighbor without a corresponding legitimate advantage to the owner.

• Example 1: A homeowner, following a dispute with their next-door neighbor, decides to erect an unusually tall, solid fence made of corrugated metal directly along the property line. This fence is significantly higher than local regulations require and is positioned specifically to block the scenic view from the neighbor's living room and garden. The homeowner has no practical need for such a fence, such as privacy from a public road or enhanced security, and admits to friends that they built it "just to annoy" the neighbor.

  Explanation: This illustrates aemulatio vicini because the fence's primary purpose is not to benefit the builder (e.g., for legitimate privacy or security) but rather to cause injury to the neighbor by obstructing their view, demonstrating a malicious intent behind the use of the property.

• Example 2: A property owner, after a disagreement, installs several powerful, upward-facing floodlights along their shared boundary, directing them specifically into the neighbor's bedroom windows and garden area. These lights remain on all night, despite the owner having no legitimate need for such intense nighttime illumination on their own property, which is otherwise dark and unused at night.

  Explanation: This scenario exemplifies aemulatio vicini because the installation and continuous use of the floodlights are not for the owner's own reasonable enjoyment or security. Instead, they appear primarily intended to annoy and disturb the neighbor's peace and sleep, causing injury without a corresponding legitimate benefit to the owner.

• Example 3: A farmer owns land adjacent to a small, private vineyard operated by a neighbor. After a business disagreement, the farmer begins to regularly burn large piles of extremely pungent, damp organic waste (such as old tires mixed with wet leaves) on their property, specifically on days when the wind is blowing directly towards the neighbor's vineyard and tasting room. The farmer has other, more remote areas on their large property where they could conduct burning without affecting the neighbor, but chooses this specific location.

  Explanation: This demonstrates aemulatio vicini because the farmer's choice to burn noxious materials in that particular location, despite having alternatives, appears to be driven by a desire to cause discomfort and potentially harm the neighbor's business by creating an unpleasant environment, rather than solely for a legitimate agricultural or waste disposal purpose.