There are different ways in which neighbours can interfere with each others land. Problems of this type usually fall into the categories of trespass or nuisance.
Trespass is the unlawful occupation of land by someone other than the owner.
The most common example of trespassing is squatting. At present trespassing is a civil wrong but in the future trespass law may change to make it a criminal offence. There are many other examples of trespassing such as dumping rubbish on another’s land, remaining in premises after the expiry of a lease or building a fence or wall on someone else’s property.
The facts giving rise to trespass claims may also give rise to a boundary dispute and a claim for adverse possession.
Although the courts frown on self-help there are some circumstances where it may be possible to take possession from trespassers without a court order. However, they are unlikely to exist if the property is residential.
We advise and represent both owners and occupiers on all aspects of trespass.
Nuisance is a claim which can be brought by you if your land has been affected by a nuisance of some sort. The claim is brought against the creator of that nuisance. The creator can be the person creating the nuisance, the occupier of the land from which the nuisance originates or the owner of the land.
There are many different examples of nuisance, including nuisance caused by noise, leaks, smells, encroaching tree branches or roots and even escaping cricket balls. However, the list is not a closed one. Typically, a nuisance is caused as a result of an unreasonable use of someone else’s land which has an adverse effect on your land.
The Court will not necessarily make a finding of nuisance just because your neighbour is using his land unreasonably or because you have suffered a loss. The Court has said that some level of loss should be permitted by law as part of normal life.
The Court is interested in whether your land has suffered physical damage, or if there is no physical damage, whether your quality of enjoyment of your land is sufficiently reduced.
If the Court makes a finding of nuisance, it can order your neighbour to stop the nuisance from happening. You may also be able to claim for any loss that you have suffered.
We are able to provide advice in relation to any potential claim for nuisance or trespass. For assistance please call us on 0161 833 0044 or email email@example.com