Mackarness & Lunt

Dispute Resolution – Private Nuisance / Neighbour Disputes

Do you know what will happen to your property if you haven’t made a Will? Wouldn’t you prefer to decide for yourself?

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

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.

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:

  • 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)
  • 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)

If You Need Help Or Would Like Further Information Please Contact Samantha Small Or Sian Meredith

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