Legal Definitions - in aemulationem vicini

In aemulationem vicini is a historical legal concept that describes an action taken by someone primarily or solely to annoy or inconvenience a neighbor, rather than for any genuine benefit or legitimate purpose of their own. This principle, originating in older legal systems, particularly Roman law, sought to prevent individuals from exercising their rights over property in a malicious way that intentionally caused harm or vexation to those living nearby.

Here are some examples to illustrate this concept:

• Imagine a homeowner who, after a disagreement with their next-door neighbor, decides to erect an unusually tall, brightly painted, and aesthetically jarring structure on their property line. This structure serves no practical purpose for the homeowner, such as providing shade, privacy, or storage. Instead, its primary effect and clear intention are to obstruct the neighbor's pleasant view and create an eyesore specifically designed to irritate them. This action would be considered in aemulationem vicini because it is done purely to annoy the neighbor.

• Consider a situation where a property owner installs extremely bright, motion-activated floodlights that are angled directly into their neighbor's bedroom windows. The property owner already has adequate lighting for security and claims these new lights are for "extra safety," but they are positioned in such a way that they offer no additional benefit to the owner's property and only serve to disrupt the neighbor's sleep and peace. If the true motivation behind installing and aiming these lights is to bother the neighbor, it exemplifies an action taken in aemulationem vicini.

• Suppose a landowner decides to dig a series of shallow, unsightly ditches along the shared property line with a neighbor, claiming they are for "drainage" in an area that has never experienced drainage issues. These ditches offer no real improvement to the landowner's property and instead create an unpleasant visual and potential hazard for the neighbor, who frequently uses that part of their yard. If the landowner's true intent is not to improve drainage but to create an annoyance or inconvenience for the neighbor, this action would fall under the principle of in aemulationem vicini.