Nuisance and Trespass

What is a nuisance?

Nuisance covers a wide range of issues that are irritating and can impact the comfort and normality of everyday life. Some nuisances go as far as to cause damage when not dealt with. Nuisance has two categories: private nuisance and public nuisance.

What is a private nuisance?

A private nuisance is often caused by an individual doing something on their own land or property which they are entitled to do so, however, the consequence of the act extends to the land of a neighbour. This can occur by causing physical damage to a neighbour’s property, private nuisance can also be intangible such as noise and smells.

What needs to be considered when making a private nuisance claim?

When making a private nuisance claim there are certain things that you must be able to prove such as:

• You have suffered a continuous interference
• Unlawful or unreasonable interference
• interference with the use or enjoyment of the land which you own

For a claim to be considered continuous it must be over a length of time, it doesn’t necessarily mean throughout the day it can be throughout the night. The length of time is dependant on each individual case.

What is a public nuisance?

A public nuisance is defined as an act that endangers the public’s life, health, property, morality, or comfort. A public nuisance can also obstruct the public from enjoying the rights common to everyone. An individual causing a public nuisance can be prosecuted as a criminal offence. 

What needs to be considered when making a public nuisance claim?

To file a public nuisance suit, you must be able to demonstrate that an individual’s actions resulted in injury, loss, or damage to the community. To be successful, you must first determine who the nuisance affects in the community, as it may only be classified as a public nuisance if it has a widespread and indiscriminate impact.

What is trespassing?

Trespassing is a form of nuisance and is usually when an individual enters or occupies land without the consent of the owner. There are many ways that trespassing can occur including:

• Illegal gatherings or on private land
• Squatters
• Fly-tipping rubbish onto another’s land
• Members of the public using private land as a short cut
• Remaining on the premises after the expiry of the lease

How can we help?

If you think you have a nuisance claim or have been a victim of trespassers contact our litigation team today on 0161 798 9000.