Nuisance and negligence

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Negligence and private nuisance are classed as civil wrongs in English law.

If persistent nuisance behaviour or the negligent acts or omissions of someone else are affecting your ability to enjoy your property rights, you may be entitled to a legal remedy to put things right.

If you feel that your land or property has been affected by negligent or nuisance behaviour, the civil litigation specialists at Stirling Ackroyd Legal will be able to help you. It will usually be quicker and far more cost-effective for everyone involved to attempt to resolve the issue through discussion and negotiation, however if this is not successful and the problem continues or worsens, relief may be granted by the Court.

A claim for negligence may arise if you have suffered loss or damage through no fault of your own but rather as a result of the other party breaching their duty of care.

The duty of care is simply the obligation to ensure the safety of others who could be affected by your actions, and the duty not to behave in ways that would foreseeably cause harm. If the owners or occupiers of a neighbouring property have breached the duty of care and caused damage that could affect the value of your home or your ability to use your land, you may be able to claim compensation. Examples of negligence could include a neighbour negligently allowing a bonfire on their premises to burn your garden, or poorly completed maintenance work on a neighbouring property causing leakages onto your land.

A claim for private nuisance may be brought in cases where the property rights of an owner or occupier are being infringed by the actions of others. There are many ways in which a household or company could cause a nuisance that will have a considerable impact upon the residents of neighbouring properties. A common example of a private nuisance is excessive noise levels, although leakages, odours or infestations could also give rise to a claim. If you are being affected by nuisance behaviour you may be able to bring a claim in order to force this to stop. The eventual outcome and the best course of action in the meantime will depend very much upon the facts of the case, and in many instances, you will be entitled to receive compensation in the form of damages or apply for an injunction.

Nuisance and negligence can both have a devastating effect upon the occupiers of both residential properties and commercial premises.

Our dedicated, in-house team of litigation specialists will provide advice, support and unwavering representation if you have been affected by nuisance or negligence that has impacted upon your ability to enjoy your property rights, and fight for the remedy that you deserve.

Whatever the nature of the nuisance or negligence that has occurred, effective remedies are available that are designed to restore your position and mitigate the loss or damage that you have suffered as a result. We will fight your corner all the way in order to achieve the right outcome for you and your family.

Should you wish to know more about the services we offer, please feel free to contact our client services department via our enquiries page, or give us a call 0203 058 3365.