Whilst acts of neighbours can often be “annoying” and cause “a nuisance” not all such acts amount to a “legal nuisance” which can be actionable in Court.

A private nuisance occurs where a landowner does something on his own land which he is lawfully entitled to do but which becomes an unreasonable interference when the consequences of their act extend to the land of their neighbour. Examples include:

Constant noise

Repeated bonfires

Smells from a factory

Interfering with a right of way

Allowing tree roots to trespass and cause damage

However all cases need to be considered on their facts. The damage or interference with the enjoyment of the neighbour’s land must be substantial or unreasonable and can arise from either a single incident or a number of incidents.
There are two types of losses:

Actual physical damage – in this situation the claim would be one for damages for the costs incurred or that need to be incurred to rectify the damage and any consequential losses)

Unreasonable interference with the property rights causing loss of enjoyment of the claimant’s property or proprietary interest (for example loss of enjoyment of a property resulting from noise nuisance)

Entering into extensive litigation regarding such disputes can fracture neighbourly relations beyond repair and so we always recommend, where possible, that the parties enter into alternative dispute resolution, for example mediation, in the first instance. However, if matters cannot be resolved then we are happy to advise, assist and represent you through the Court process seeking on your behalf an injunction to stop the Defendant causing the nuisance or preventing its reoccurrence and damages.