Nuisance claims arise when one party’s use or enjoyment of their property is interfered with by another party’s actions. These cases are most common in private disputes where property interference impacts an individual’s rights as a homeowner, landlord, or business owner. Whether you are bringing a claim or are a defendant it is vital to approach the case with a clear understanding of the legal considerations and potential outcomes. At DTM Legal, we specialise in advising and representing clients in nuisance claims, providing tailored, strategic support to achieve the best possible outcome.
Private Nuisance Claims Explained
Private nuisance concerns the interference with an individual’s enjoyment of their property, often in one of three ways:
- Encroachment on a neighbour’s land such as placing scaffolding on their land.
- Causing damage to a neighbour’s land such as causing damage to their building whilst undertaking works to their own property. Inaction can also give rise to a nuisance claim such as by allowing the spread of Japanese knotweed onto neighbouring land.
- Interference with a neighbour’s quiet enjoyment of their land (meaning that they cannot use their property without interference).
Each case is unique, but the core issue lies in balancing the rights of property owners with the reasonable use of land. Claims must establish that the nuisance is unreasonable, with substantial interference in comfort or convenience.
Legal Framework
The legal framework surrounding nuisance claims is governed by both common law and statutory provisions. Claims typically rest on the principle of balancing the rights of property owners with the reasonable use of land. Factors such as the locality, duration, and nature of the interference are considered by the courts when determining whether a nuisance exists.
For defendants, it may be possible to argue that the use of their land is reasonable or that the claimant is overly sensitive to the interference. When using such a defence, the test the court will apply is whether an objective bystander would consider the use of the land to be reasonable and would tolerate it.
Party Wall Disputes
Party Wall Disputes can also lead to nuisance claims. These disputes typically arise during building projects where a shared wall or boundary is affected. If you are experiencing a disturbance related to a party wall, our team can assist in negotiating a resolution or taking legal action as needed.
Likely Outcomes and How They Are Reached
The outcome of a nuisance claim can vary depending on the severity and nature of the case. For claimants, remedies may include damages to compensate for harm or discomfort, and in some cases, an injunction to prevent further interference. For defendants, successful defences can result in the claim being dismissed, or in the case of a valid nuisance, negotiating a compromise to avoid more stringent penalties.
Nuisance Claims Legal Services
Our Property Litigation team offers comprehensive legal support in both pursuing and defending against nuisance claims. Services include:
- Assessment of claims: determining the strength of your case.
- Cease-and-desist letters: a warning to your neighbour requiring them to cease the nuisance and provide an undertaking not to recommence it.
- Pre-claim negotiations: seeking an amicable resolution without litigation.
- Court representation: for claimants and defendants in legal proceedings.
- Injunctions and damages: securing appropriate remedies or defending against excessive claims.
Considerations Before Contacting a Solicitor
Before proceeding with a nuisance claim, there are a few considerations:
- Evidence: Clear documentation of the nuisance, such as photographs, videos, records of incidents (date, time, what your neighbour was doing and the duration), and expert reports, will strengthen your case.
- Alternative Dispute Resolution: In many cases, it may be possible to resolve the matter through negotiation or mediation without the need for court proceedings.
- Expected Outcomes: Consider what your desired outcome would be, what compromises you are willing to make and what would the count find to be reasonable.
- Costs: Litigation can be costly, so it is important to weigh the potential benefits of a claim or defence against the financial and emotional burden of legal action.
Statutory Nuisance Claims
While private nuisance claims are the primary focus, there are rare instances where a nuisance may qualify as a statutory nuisance. Statutory nuisances typically impact on public health or safety, such as significant environmental hazards. In these cases, individuals can report the nuisance to their local authority, which is usually responsible for investigating and, if necessary, issuing an abatement notice to halt the nuisance.
Statutory nuisance claims are less common and often best handled through local authorities, as the authority can act on behalf of affected parties, reducing the need for individual legal action. However, for cases that cross into private nuisance, DTM Legal can offer tailored advice on possible courses of action.
Speak with a Legal Expert
If you believe you have grounds for a nuisance claim, or if you are defending against such a claim, our experienced Property Litigation solicitors are here to help. Contact DTM Legal today to speak with an expert and explore your options. We offer clear, pragmatic advice and are committed to helping you achieve a favourable outcome.
To discuss your requirements and explore how DTM Legal can assist you in resolving your matters efficiently and effectively contact Anna Duffy at 0151 230 1219 or by emailing anna.duffy@dtmlegal.com or James Holton at 01244 354824 or by emailing james.holton@dtmlegal.com.
