Private Nuisance Advice and Disputes
A nuisance is caused as a result of a lawful, but oftentimes, unreasonable use of one person’s land which has an adverse effect on another’s land. There are two types of common law nuisance: private nuisance and public nuisance.
Private nuisance
A claim in private nuisance can be initiated where someone does something lawfully on their own land, but interferes with a neighbour’s ability to enjoy their land. Depending on the facts of the case, a claim in private nuisance may be brought against the land owner; the land occupier; or the actual creator of the nuisance, as all three could be different people/entities.
Although each ‘nuisance’ will depend on the facts of the case, common examples of private nuisance include:
- Animal infestations
- CCTV and/or recording equipment
- Emission of smells or odours
- Leaking of oil or water
- Noise Nuisance
- Tree branches, hedges or roots, (e.g. Japanese Knotweed Disputes)
- Duration, frequency and intensity. If the event is rare, there is unlikely to be to a nuisance. Generally, the longer; more frequent; and intense the issue, the more likely it is to be a nuisance.
- Location/ Normal use of the land. An area known for having factory, that produces certain noise, or smells may not necessarily be considered a nuisance. However, the Supreme Court in Coventry and others v Lawrence and others [2014] UKSC 13 noted that it is not generally a defence to a claim in nuisance to show that the claimant “came to the nuisance” by buying or moving into their property after the nuisance had started.
- Timing: For example, if noise occurs very early in the morning; or late at night, this is more likely to be a nuisance.
- The Claimant’s Disposition: a court will assess the nuisance according to the effect on a reasonable claimant, rather than taking the Claimant as they find them.
- The Defendant’s Conduct: If the Defendant’s behaviour is unreasonable, or even malicious, the court is likely to determine that there is an actionable nuisance.
Ultimately, the Court is concerned with whether the land in question has suffered physical damage, or whether the land owner’s quality of enjoyment of the land is sufficiently reduced.
Public nuisance
A claim in public nuisance can be initiated where the nuisance is so widespread that it obstructs; damages; or inconveniences the rights of the community as a whole. An individual does not need to own the land, but must show that they have suffered particular harm that is different from that suffered by the general public.
Mercantile Barristers have expertise in providing advice and representation in claims for private or public nuisance. Our barristers are able to assist by providing pre-action advice or assisting you to bring a claim through the courts should settlement by mediation or other alternative dispute resolution be unsuccessful.
Nuisance Remedies
If the court makes a finding of nuisance, it can order an injunction, for the neighbouring property, or cause of the nuisance, to stop the nuisance from happening; and/or damages with a view to putting the claimant in the position they would have been had the nuisance not happened.
Where physical damage has occurred, the damages will usually be the amount required rectify the damage. On the other hand, where there are nuisances without physical damage, the damages awarded by the Court will be calculated on the consequential reduction in value of the property.
At Mercantile Barristers, our barristers have the requisite expertise in advising on all matters involving public nuisance and private nuisance. If you require advice on whether there is a nuisance and if you have an actionable claim; or if you have received a complaint from a neighbour and you are unsure if you are unlawfully affecting their land contact our Property Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
How Our Process Works
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
Fill in the form below and one of our specialist clerks will get in touch.
