Nuisance Claims

The term “nuisance” relates to numerous issues which an individual might cause another to experience. It includes, by way of examples, noise disturbance caused by a neighbour, anti-social behaviour and boundary encroachment.  It will also potentially include issues relating to cables and tree roots as well as well as causing leaks or flooding on neighbouring property. This is by no means an exhaustive list.

A common law there are two types of nuisance: public nuisance and private nuisance.  Private nuisance often occurs when a proprietor does something on their land which interferes with the neighbours use and enjoyment of their land. Such acts, very generally, will include encroachment onto neighbouring property, direct physical injury to neighbouring land or an interference with a neighbours right to quietly enjoy their property.  By comparison, public nuisance is a claim which arises as a result of a threat to public health, property or comfort or obstructs the public in the exercise or enjoyment of rights common to all.  Public nuisance is often considered together with the statutory nuisance regime set out in the Environmental Protection Act 1990.

How can we help you?

If you have been subject to antisocial or unpleasant behaviour by your neighbour, encroachment upon your property generally or any act by your neighbour which affects your enjoyment of your own property then that may well amount to a nuisance. It is often a real concern living in close proximity to people who are causing problems and can be an ever-present source of frustration. Our Dispute Resolution Team have extensive specialist experience in dealing with claims for nuisance and is on hand to help. We will always aim to advise in a manner which seeks to preserve the neighbourly relationship but where this isn’t possible, we will provide commercially sensitive advice tailored to your needs.

Please contact our team on 0345 646 0406 or fill in our online enquiry form and a member of our team will be in touch.