At some point in our lives, we will hear stories about neighbour troubles from our friends and family, and sometimes you may even be one of the main characters in those stories. If you find yourself unable to reasonably enjoy your property due to how your neighbour is enjoying their property, you may find yourself in a potential nuisance claim.
Types of Nuisance
Nuisance claims can generally be divided into two separate categories – private nuisance and public nuisance. Depending on the type of nuisance claim, there are different requirements as to who can bring the claim, the types of acts that allow a claim to become viable and the types of damages recoverable. For private nuisance, only those who have a legal interest in the land affected, such as an owner and a tenant in possession, would be able to bring a claim.
The same common factor between private and public nuisance claims, however, is that the creator of the nuisance, the owner or the occupier of the property where the nuisance originated may be liable for a nuisance claim. So let’s say hypothetically, if your neighbour, who is a tenant, hired a contractor for works at their apartment, and the contractor conducted noisy construction works outside of the designated hours for months, the landlord, the tenant and the contractor can all be liable for a private nuisance claim.
Damages and Remedies
Some of the common damages for nuisance claims include property damage, economic loss resulting from the property damage, and in the case of private nuisance, sensible personal discomfort including but not limited to loud noises or intense odour. Whilst the remedies are highly dependent on the damages suffered, it may include injunctive relief to prevent nuisance in the future and monetary payment of the damages suffered.
Limitation
Besides the damages and remedies, another thing that one should consider before issuing a claim is whether the limitation has passed, as you may be barred from having a claim. Under the Limitation Act 1980, one is not allowed to bring a nuisance claim upon the expiration of six years from the date the act of nuisance occurred. However, the limitation for a continuing nuisance, in which the acts of nuisance are repeated over extended periods of time, may be extended indefinitely depending on the situation.
Further Assistance
If you think a nuisance claim may apply to your situation or you would like bespoke advice in relation to nuisance and property litigation, please feel free to speak with one of the members of the Dispute Resolution team through [email protected].
