Can your neighbours acquire a right to be noisy and how can they be stopped?
In the recent case of Coventry v Lawrence, the Supreme Court took the opportunity to clarify the law of private nuisance and to make some fundamental changes to previously well-established principles. The important judgment, among other things, clarified that it is possible to acquire, via prescription, a right to commit an act that would otherwise be deemed a noise nuisance, and that the grant of planning permission does not remove the ability of a property owner to object to an act that would, in the absence of that permission, be a nuisance. The existence of planning permission may, however, be a factor that would sway a court to refuse an injunction and compensate the claimant in damages instead.
When a person undertakes something on their own land that they are legally entitled to do, but the consequences of which negatively affect the land of their neighbour, the tort of private nuisance is committed.
Whether or not an activity actually constitutes a nuisance can in part be determined by assessing the character of the locality in which the activity is carried out. If the assessment concludes that the use of the land is reasonable, then the act will not amount to a nuisance. Consideration of the act itself is not sufficient; the circumstances of the act must be considered — what constitutes a nuisance in one area may not be so in another…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.