Private Nuisance Advice and Disputes

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:

The Court will look at the following factors when deciding whether a nuisance is present:

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; or by telephone on 0203 034 0077 and we would be happy to assist.

How Our Process Works

Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first.  The process is just as straightforward. Here’s how the 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.

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.

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