Summerfield Browne are authorised and regulated by the Solicitors Regulation Authority.

 

There are two types of common law nuisance and these are; private nuisance and public nuisance. Private nuisance is divided into the following three categories:

 

1. Encroachment

2. Interference

3. Physical injury

 

The three categories of private nuisance cover a wide range of issues that commonly arise between neighbours including disputes concerning overgrown trees and hedges, Japanese Knotweed disputes and noise nuisance caused by dog kennels. When advising clients on the process to follow in relation to nuisance we typically write to the owner/occupier of the property from where the nuisance is occurring. This initial letter is called the pre-action letter and it will set out the nuisance being encountered, and the steps required from the owner/occupier to abate the nuisance.

 

In some cases, the person that we write to is not even aware that there is a nuisance (for example where two neighbours are not talking or where the land in question is not visible to the neighbour). We recently wrote to the neighbour on behalf of one of our clients to advise that the hedges to the shared driveway were interfering with our client’s right of way and within a week the neighbour had cut back the hedges. In other cases, we are instructed after the initial letters have been sent and when court proceedings have been issued.

 

If a neighbour is trespassing on your land or interfering with your property rights, we can provide urgent legal advice and, if necessary, send a letter to your neighbour explaining the problem that they have caused, and the remedies required. If the initial letter to the neighbour does not bring about the desired outcome court proceedings may be necessary, and we regularly advise clients on the appropriate orders that we can ask the court to make including orders for injunctive relief. An injunction will be written in such a way to prevent a neighbour from doing a certain act (for example parking a car on a piece of land that blocks access to a shared driveway).

 

We also advise clients on alternative dispute resolution which can include round table meetings and mediation. In some cases, we have been able to settle cases at the mediation stage and this avoids potentially costly court proceedings.  

 

If you are having problems with a neighbour in relation to any of the following issues, we may be able to assist:

 

• Shared driveway disputes

• Overgrown trees and hedges

• Parking issues

• Access issues concerning gates and electronic gates

• A neighbour trespassing onto your land

• Noise nuisance from dog kennels or loud music

• Odorous smells caused by animals/waste

• Intrusive CCTV and/or recording equipment