Harassment, Nuisance & Trespass
Everybody has to deal with property or land at some point, and from time to time problems can arise.
Nuisance can arise from an activity which is in itself lawful, but which may become a nuisance because of the interference with a person’s comfortable and convenient enjoyment of their land/property. The cause of a nuisance can be wide-ranging and can include issues such as fumes, noise, vibrations, encroaching tree roots, and smells (to name but a few). It is generally an unreasonable use of someone’s land that has an adverse effect on your land.
A claim for nuisance arises where there is a continuous, unlawful, and indirect interference with a person’s enjoyment of land/property, or their rights over it. Where the interference is unreasonable, any claim against the creator of a nuisance is likely to succeed. In addition, claims can be made against any person authorising or adopting a nuisance.
A claim for public nuisance can be brought where a nuisance has a wide-ranging adverse effect on a class of people, for example obstructions to the highway and unauthorised gatherings (without the appropriate consents from the local authority).
Our specialist Dispute Resolution team can provide advice and assistance in resolving claims for nuisance, including Court action.
Trespass may arise either by a person entering your land without your permission, or a neighbour wrongly building a wall or fence on your land. We can advise on the options available to you, including obtaining an Injunction to prohibit access, the building of a structure, or even the removal of a structure already built.
The Protection from Harassment Act 1997 prohibits any individual pursuing a course of conduct against another individual that amounts to harassment. This may involve issues with a neighbour, the media or may be part of a wider dispute of any nature. We can assist in obtaining an Injunction to prevent the harassment from continuing and claim damages where appropriate.
For more information about Blacks’ Dispute Resolution services, or for a no obligation discussion, please email or call us today on 0113 207 0000.