Land and Property Nuisance Claims

Understanding Nuisance Claims and Court Principles

When it comes to enjoying your property, few things are as disruptive as nuisance issues. Whether it’s noise from a neighbouring property, industrial odours wafting into your home, or invasive light pollution, nuisance disputes can be a significant source of stress. But what can you do about it? Understanding the legal pathways available in the UK can empower you to resolve disputes effectively and preserve the peace and enjoyment of your land.

Categories of Nuisance: Private and Public

Nuisance in the UK is primarily classified into two:

• Private Nuisance: Activities causing this type of nuisance are usually legal but become problematic when they adversely affect a neighbour’s property. Legal remedies include damages for loss and/or injunctive relief to stop the recurring nuisance.
• Public Nuisance: This arises from activities that harm the public at large, such as environmental pollution. Public nuisance can lead to both civil and criminal actions.

Common law remedies for nuisance

The two main common law remedies for nuisance are injunctions and damages.

• Injunctions: An injunction is a court order that requires the person or organisation causing the nuisance to stop the activity or to take steps to reduce its impact. Injunctions can be interim or final. Interim injunctions are granted temporarily, pending a full trial. Final injunctions are granted permanently if the claimant is successful in their claim.
• Damages: Damages are awarded to compensate the claimant for the financial losses that they have suffered as a result of the nuisance. This can include losses such as the reduced value of their property, the cost of repairing damage caused by the nuisance, and the cost of alternative accommodation if the claimant has had to move out of their home due to the nuisance.

Statutory nuisance remedies

Section 79(1)(a) – (h) of the EPA 1990 lists the following categories of matters which can amount to a statutory nuisance:

• Physical state of any premises (“premises” in section 79(1) includes land and most vessels.)
• Smoke from premises.
• Fumes or gases (from private dwellings).
• Dust, steam, smell or other effluvia from industrial, trade or business premises.
• Any accumulation or deposit.
• Keeping of animals.
• Insects from industrial, trade and business premises.
• Artificial light from premises.
• Noise from premises (including vibration).
• Noise from a vehicle, machinery or equipment in the street.
• Any other matter declared by any enactment to be a statutory nuisance.

If a local authority finds that a statutory nuisance exists, it can serve an abatement notice on the person or organisation responsible for the nuisance. An abatement notice requires the person or organisation to take steps to stop the nuisance within a specified period of time. If the person or organisation fails to comply with the abatement notice, the local authority can take legal action against them.

In addition to serving abatement notices, local authorities can also take other enforcement action in relation to statutory nuisances, such as:

• Issuing fixed penalty notices
• Seizing offending equipment
• Prosecuting the person or organisation responsible for the nuisance

Criminal sanctions for statutory nuisance

Non-compliance with an abatement notice is a criminal offence. The person or organisation responsible for the nuisance can be fined or imprisoned.

Key Terms:

Term	Explanation
Common Law Nuisance	Civil wrongs that can be remedied by injunctions or damages.
Statutory Nuisance	Covered under Environmental Protection Act 1990, subject to abatement notices and criminal sanctions.
Injunctions	Court orders to cease the nuisance.
Damages	Financial compensation for the loss suffered.

How Can a Property Litigation Solicitor Help?

If you’re dealing with a persistent nuisance issue, a property litigation solicitor can guide you through the maze of legal avenues available. For example, if your neighbour’s tree is causing damage to your property, a solicitor can help you understand the best course of action, which may include filing for an injunction to have the tree removed.

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