What is Nuisance and trespass of a property?
Neighbouring properties can often become tangled in disputes over land, for example if a wall or tree roots encroach onto one another’s property or when there is excessive noise coming from one property. These types of disputes are described as a trespass or a nuisance.
Nuisances are separated into two categories by law, private and public nuisances. A private nuisance would describe something that a person does on their own land that they are otherwise entitled to do but to an extent where it interferes with the neighbour’s enjoyment of their property. A public nuisance describes something that endangers the life, property, health, morals or comfort of the public.
Trespass on the other hand is described as the unlawful occupation of land by a person other than the owner of the land. Squatting can be a trespass, but so could a neighbour building a wall on land that is owned by their neighbour, or encroaches into the neighbours airspace.
JMR Solicitors can help to apply to the Court for an injunction to prevent trespass or nuisances from continuing and causing further stress or harm. We can also help to claim damages to compensate for any stress and harm that has already been caused.
What is a Property Boundary dispute?
Boundary disputes where one neighbour argues over the position of boundary lines are not uncommon. The law in this area is complex and difficult to interpret, therefore it is vital to seek expert legal advice before pursuing any further action.
It can often be the case that an expert surveyor will be called in to examine the title deeds, old photographs and witness evidence to determine the boundaries of your property. However, it is not uncommon for your neighbour to find a competing surveyor who disagrees with this evidence.
Complication such as this can prevent a definitive answer, especially if the boundary has been moved over the years or if physical features such as walls, fences or hedges have been introduced or changed.
If you are involved in, or suspect that you may soon become involved in a boundary dispute, it is advised that you seek legal assistance from the outset to prevent any unnecessary costs and delays in reaching an agreement.