Neighbour Disputes

Private Nuisance — An unreasonable interference with the use and enjoyment of land, or with an interest in land. Requires balancing the utility of the defendant's conduct against the gravity of the harm. Locality matters: what is reasonable in an industrial area may not be reasonable in a residential one (Sturges v Bridgman [1879]).

Statutory Nuisance — Under the Environmental Protection Act 1990 s.79, local authorities have a duty to investigate and serve abatement notices for statutory nuisances including noise, smoke, accumulation of rubbish, and premises prejudicial to health. An individual may also bring a complaint before a magistrates' court (s.82 EPA 1990).

Party Wall etc. Act 1996 — Before carrying out works to a party wall, building on the boundary, or excavating near a neighbouring building, a Party Wall Notice must be served. If the neighbour dissents or fails to respond, a Party Wall Award is made by surveyor(s). Failure to follow the Act does not make works unlawful but can give rise to an injunction and damages.

Boundary Disputes — The legal boundary (shown on the title deeds/Land Registry filed plan) may differ from the physical boundary. The general boundaries rule means Land Registry title plans are indicative only. In disputes, contemporaneous conveyances and surrounding evidence determine the true boundary. The Land Registration Act 2002 contains adverse possession provisions that are narrower than the pre-2003 position.

Trespass to Land — An unjustified physical intrusion onto another's land (including by roots and branches, or by overhanging structures). The court may grant a mandatory injunction requiring removal of the encroachment or an injunction preventing further trespass. Nominal damages may be awarded even without proof of loss.

Right to Light — An easement of light can be acquired by prescription (20 years' uninterrupted enjoyment). Once acquired, the neighbour cannot substantially interfere with the light entering through defined apertures. The Prescription Act 1832 governs acquisition; the remedy is usually damages (often in lieu of injunction following Coventry v Lawrence [2014]).

Anti-Social Behaviour — The Anti-Social Behaviour, Crime and Policing Act 2014 provides councils, the police, and social landlords with Civil Injunctions (replacing ASBOs) and Community Protection Notices. Victims can also request a Community Trigger review of the statutory authority's response.

Remedies and Proportionality — Injunctive relief is available in nuisance and trespass cases, but since Lawrence v Fen Tigers [2014] (confirmed in Coventry v Lawrence [2014] SC), courts have a broader discretion to award damages in lieu of an injunction under the Senior Courts Act 1981 s.50, particularly where an injunction would be oppressive or the nuisance was established before the claimant arrived.