We are frequently asked to help clients with issues caused by neighbours or people they live in close proximity to.
Some common themes include neighbours piling up rubbish or miscellaneous items outside their property and making it look like an eyesore, neighbours smoking cannabis outside their property, making noise at unsocial hours, and dogs barking.
What can you do if your neighbour is causing a nuisance?
The first thing to consider is whether the issue is enough to be classed as a legal nuisance so you can take legal action.
Although the issue may be annoying to you unless you can establish a legal basis for taking action, the issue is one that a local council might be prepared to take up on your behalf, or there is a criminal element where you can involve the police, there might not be a great deal that you can do.
Private nuisance is caused by a person doing something on their own land which they are lawfully entitled to do but which wrongfully interferes with the ordinary use and enjoyment of neighbouring land by, for example causing physical damage. However, you do not always have to have physical damage in order to be able to pursue a claim in nuisance.
What do I need to be able to pursue a nuisance claim?
The damage or interference with the enjoyment of the neighbours' land has to be:
- substantial or unreasonable
- It can arise from a single incident or a state of affairs
- It can either be caused by inaction or omission on the part of the neighbour as well as a positive act.
The courts will expect however, some give and take and an element of reasonableness between neighbours.
What can I do if the front of my neighbour's house is untidy and an eyesore?
In the first instance, try speaking to your neighbour to ask if they will tidy the area and perhaps offer to help.
If communication is difficult or impossible, consider writing a letter to your neighbour to see if they respond.
As we mentioned above, there needs to be some give and take, and what one homeowner might consider acceptable may be the opposite of what other people deem acceptable.
For some people, a neighbour's having a transit van, a caravan, or a rusting, unroadworthy vehicle parked on their drive might annoy them, but unless there are covenants on the property title that prohibit that, you may not be able to legally force the neighbour to relocate.
If you have a neighbour who is a hoarder and the outside of their property is piled high with miscellaneous articles, causing a health and safety risk to you or your property, or the hoard is attracting vermin, then the local council might be able to help. The council might step in to serve notice on the neighbour to tidy up the area.
In the most serious cases, if it is a legal nuisance, you can ask a neighbour dispute solicitor to write to the neighbour and take action.
Can I stop my neighbour smoking cigarettes or cannabis outside my property?
This may depend on where the smoking is taking place. If the neighbour is smoking in their garden, then there is very little you can do to stop the smoke wafting over into your garden.
If the neighbour is smoking cannabis on a regular basis, the police may be interested and may visit the neighbour to stop the activity.
Councils may also investigate smoke from premises that are classed as a statutory nuisance, as outlined in the Environmental Protection Act 1990.
Smoke must conform to the criteria below to be considered a statutory nuisance.
- Unreasonably and substantially interferes with the use or enjoyment of a home or other premises
- Is injurious to health or is likely to injure health.
As you can see from the above, there is a marked difference between a nuisance and a legal nuisance, which leaves many neighbours in despair about others' inconsiderate behaviour.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
