Legal Definitions - in emulationem vicini

The Latin phrase in emulationem vicini describes an action or a legal claim (a "cause of action") that is undertaken solely for the purpose of harming or distressing another person, rather than for any legitimate personal gain, benefit, or justifiable reason.

Historically, legal systems have viewed such actions with disfavor because they are motivated by malice or ill will towards a neighbor or another party, rather than by a genuine pursuit of one's own rights or interests.

• Example 1: A homeowner, after a series of disagreements with their next-door neighbor, decides to install a powerful, industrial-grade sound system in their backyard. They then play extremely loud, discordant music at random intervals throughout the day and night, specifically when they know their neighbor is trying to relax or sleep. The homeowner has no personal interest in listening to this music at such volumes and already has a perfectly functional indoor sound system. Their primary motivation is to disrupt the neighbor's peace and quiet.

  Explanation: This action illustrates in emulationem vicini because the homeowner's act of playing loud, disruptive music serves no legitimate purpose for themselves. Instead, it appears to be done exclusively to annoy and distress their neighbor, demonstrating a malicious intent rather than a pursuit of personal enjoyment or benefit.

• Example 2: A property owner, who shares a private access road with a neighboring small business, begins to intentionally leave large, unsightly piles of debris and construction waste directly along the shared portion of the road. This makes it difficult for the business's customers to navigate and creates an unpleasant visual for visitors, even though the property owner has ample space elsewhere on their land to store such materials without impeding anyone. The owner gains no practical advantage from storing the waste in this specific location.

  Explanation: Here, the property owner's decision to obstruct the shared access road with debris, despite having other options, is an act in emulationem vicini. It causes inconvenience and harm to the neighboring business without providing any genuine benefit or necessity to the property owner, suggesting the action is driven by a desire to cause distress.

• Example 3: Following a dispute over property lines, one landowner decides to plant a row of fast-growing, invasive trees directly along the shared boundary, knowing that the trees will quickly overshadow their neighbor's carefully cultivated garden, block sunlight, and potentially damage the neighbor's irrigation system with their aggressive root growth. The landowner has no particular desire for these specific trees or for a dense barrier, and they already have adequate privacy from other plantings.

  Explanation: This scenario exemplifies in emulationem vicini because the planting of invasive trees in a manner designed to harm the neighbor's garden, without a clear, legitimate purpose or benefit for the planter (such as privacy or aesthetics that couldn't be achieved otherwise), indicates an intent primarily to cause damage and distress to the neighbor.