We expect the odd disruption from our neighbours, particularly if it is a commercial business linked to production. However continuous disruption is a significant nuisance and legal action can be taken against the offending party.
If this happens, the court will take a number of aspects into consideration. This will include duration, frequency, time of occurrence, location, impact on your business and also whether it is a malicious act or simply reasonable use of their own land.
Injunctions can be sought to restrain ‘common law’ nuisances which will require the defendant to cease and make them liable to pay compensation to the claimant.
There are also 11 categories of ‘statutory nuisance’ which could incur a criminal sanction.
These include:
- Smoke
- Physical state of any premises
- Fumes or gases (private dwellings only)
- 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
- Noise (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 you are a victim of common or statutory nuisance, or if you feel you or your business have been wrongly accused of causing a nuisance, then speak with our experienced property litigation team by calling 01752 203500 or emailing enquiries@GAsolicitors.com.
