Nuisance Claims

A private nuisance is an interference with the use or enjoyment of land, usually by noise or smell or by the causing of actual physical damage to their property, whereas a public nuisance may be defined as an unlawful act or omission, which is so widespread in range and indiscriminate in its effect that it obstructs, damages or inconveniences the rights of the community as a whole

An individual can only sue for public nuisance if they have suffered ‘particular’ harm, i.e., an individual can show they have suffered harm that is different from that suffered by the general public.

We appreciate that if your use and enjoyment of your land is being adversely affected by a nuisance from neighbouring land that you will require a quick and effective remedy to resolve the situation.

On the other hand, if a neighbouring land owner objects to what you regard as a reasonable use of your land then you will want to know where you stand and will want to protect and preserve your use of your land.

Establishing or opposing a claim in nuisance can be a complicated task. In order to be successful, you need to engage experienced solicitors who understand the nature of such claims. We have been advising clients in London and the South East for over 135 years. Our litigation team have acted in many nuisance disputes, and secured successful outcomes whether in terms of compensation, injunctions to stop nuisance occurring or in establishing the right of a landowner to continue in a lawful activity.

Our approach is to take the time to listen and analyse the facts of your case, then advise on the merits and the best strategy to try and achieve your desired outcome to the dispute. If litigation is required to reach a resolution, you can be confident that our litigation team will protect your best interests.