Nuisance

Duncan Lewis Litigation Solicitors – Nuisance

Nuisance can take many forms, from persistent noise caused by a neighbour, to littering or parking a vehicle where it blocks a neighbour’s drive.

A claim can be brought for public nuisance or private nuisance and can involve a wide range of circumstance including noise, odours, intrusion – or any factor which reduces enjoyment of land or property to an unreasonable degree. However, how often the nuisance occurs can also be a factor when taking a case to court.

In nuisance cases where a dispute escalates, one or more parties may resist to their neighbour’s requests that the behaviour causing nuisance stops. This can be extremely distressing for the party who has to live with the nuisance and, potentially, the fear of aggressive action from a neighbour.

Duncan Lewis can advise at any stage of a matter involving nuisance neighbours, including nuisance relating to:

• Abusive behaviour
• Alcohol-related behaviour
• Antisocial behaviour
• Boundary incursions (eg pipes, cables, tree roots, etc)
• Building works
• Criminal activity (eg drug dealing)
• Fly tipping
• Graffiti
• Harassment
• Littering
• Noise (residential and commercial properties)
• Odours
• Pets.

In such cases, it is possible to make a claim for nuisance against those responsible – and Duncan Lewis can advise those affected by nuisance such as noise and antisocial behaviour on obtaining injunctions to prevent the nuisance recurring.

Nuisance can have a profound effect on an individual or a family – creating stress and even fear that home life will be ruined by the nuisance, whether noise from a commercial premises or neighbouring home – or antisocial behaviour on a street, such as alcohol-related harassment or noise.

In some cases, persistent offenders may be reported to the police if criminal activity is involved and an ASBO (anti-social behaviour order) can be imposed on those who:

• Use threatening behaviour
• Carry out vandalism and graffiti
• Play loud music at night.

ASBOs can also be imposed on children from the age of ten upwards if they indulge in anti-social behaviour.

In some cases, the local authority may take possession of a council-owned property if a council tenant persistently causes nuisance.

For expert legal advice on property litigation and Nuisance, call Duncan Lewis Property Litigation Solicitors on 0333 772 0409.