Your situation: the party next door gets a little too loud, a little too late at night, a little too often; Or, their trash is left for days near the gate of your charming cottage, and it starts to emit a foul odor, taking away the charm of your home. You are now beyond annoyed, and you are prevented from enjoying your space. What should you do?

First, you try talking to your neighbor about your concerns. It’s always better to amicably settle issues with the next-door people because you may always have to live next to each other. But if they don’t lift a finger to fix the problem, you need not suffer in silence. You can find redress by filing a nuisance suit with the help of our team of nuisance dispute solicitors. These nuisance disputes may start out from petty things, but, these things, more often than not, build up and become insufferable. Our experienced nuisance dispute lawyers can assist you in wading through legal waters to address your problem before it gets worse, in terms of your health, sanity, and the value of your property.

Public and Private Nuisance

A nuisance is either a human activity or a physical condition that is harmful or offensive to others, and gives rise to a cause of action. Nuisance may be a statutory nuisance or a common law nuisance. Under common law, the nuisance may either be public or private, although they are not mutually exclusive.

Public nuisance is an offense against the state, and is a common law crime. It may be an act or omission done in a public place, or that which offends or annoys, or causes trouble, affecting a class of persons, or the public in general, and not just a particular individual. Private nuisance, on the other hand, refers to an activity or condition that continuously n and unlawfully interferes with the use and enjoyment of another’s property. It may be indirect, meaning it does not necessarily constitute physical trespass or actual invasion of the property. It is a civil wrong that will hold the person committing or causing the nuisance, liable.

Examples of Public Nuisance

  • Allowing land to be used as a dump for hazardous or toxic wastes
  • Hoax calls for emergency services
  • Keeping wild animals in a residential garden
  • Obstructing the roads and highways
  • Quarrying in close proximity to residential areas

Examples of Private Nuisance

  • Chemical leaks, contaminating the neighbour’s land
  • Chimney smoke from houses in smoke control areas
  • Drain overflowing to the neighbour’s property
  • Noise coming from a neighbour’s garage band practice
  • Shrub and tree roots damaging neighbour’s fence

When can you file a claim in a private nuisance dispute?

With the aid of one of our nuisance dispute lawyers, you can file a civil action and make the person who made the nuisance possible answer for his unlawful act or omission, provided that the affected property is one in which you have a proprietary interest. In other words, you should be any of the following, in relation to the property:

  • The owner
  • The due holder of exclusive possession
  • A tenant or under a license to occupy

Our nuisance dispute lawyers shall help you prove the following to help you win your nuisance case:

  • There is some form of physical damage to the land itself; or
  • There is damage to health which impairs the use or enjoyment of the land

When can a claim in a private nuisance dispute be filed against you?

You can expect an owner, exclusive possessor, or tenant whose property he has an interest in is affected, to file a civil action against you, if you are:

  • The one who caused the nuisance;
  • The one who occupies the land who has allowed or caused the nuisance to occur
  • A landlord

To protect you against a possible liability, our nuisance dispute solicitors can raise the following defenses:

  • The nuisance has already prescribed because it has been happening, or has been in existence for more than 20 years. It may have even already become an easement, which is considered legal;
    or
  • You have the express or implied statutory right to conduct the activity that is being complained about as a nuisance. This nuisance, for example, noise or vibration, should be one which, even with reasonable care, cannot be prevented.

Should you find yourself at either end of a nuisance dispute, as either the complainant or the defendant, our competent nuisance dispute solicitors can provide legal services to ensure that your claim or defense, is substantially supported to win you a fair settlement or trial.

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How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our services. We will happily provide you with a free initial discussion about your individual circumstances.
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