Owners of neighbouring properties often get embroiled in disputes as a result of one of them interfering with the other’s land. Examples of these types of dispute are where tree roots encroach onto neighbouring land, where a wall is encroaching onto neighbouring property or there is excessive noise or unpleasant smells coming from one property.
These types of matters in law are described as a nuisance or a trespass.
There a two types of nuisance
- Public nuisance and;
- Private nuisance
A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public. A private nuisance is normally where a person is doing something on their own land that they are entitled to do but it becomes a nuisance when what they are doing extends onto their neighbour’s property and causes an interference with the neighbour’s enjoyment of their property.
Trespass is the unlawful occupation of land by somebody other than the owner of that land. Examples of trespass include squatting but can also be where a neighbour builds a wall on land owned by their neighbour or somebody encroaches on your airspace.
If a nuisance or trespass has arisen then it is possible to apply to the Court for an injunction to prevent the nuisance or trespass from continuing and causing future harm. Furthermore, damages are often sought to compensate for any harm that has already been caused.
Myerson’s property litigation department has a wealth of experience in advising on both nuisance and trespass disputes. These areas of the law are technical and expert advice should be sought. We ensure that you are provided with practical solutions to assist you in resolving your dispute smoothly.