Property development: a local nuisance?

A nuisance is an action carried out by one landowner that unduly interferes with another landowner’s use of its land. It can include noise, smell, physical encroachment and obstruction of rights of light. Property developers often find themselves on the wrong side of claims for nuisance, simply because of the nature of construction activities.

The remedies for nuisance include injunctions, which can be extremely harsh on the developer. For example, in a recent high-profile case, a court ordered the developer to take down an entire floor of an office block, because it interfered with the neighbour’s right to light.

The law of nuisance is a bit of a dog’s breakfast, and it can be very difficult to predict whether an activity will actually constitute a nuisance. This is because the question of whether the activity constitutes a nuisance partly depends upon the character of the locality in which the activity is being carried out. As one judge put it, ‘what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey’…

Click on the link below to read the rest of the Gateley briefing.

Sign in or Register to continue reading this article

Sign in


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


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

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.

Briefings from Gateley Plc

View more briefings from Gateley Plc

Analysis from The Lawyer

View more analysis from The Lawyer


111 Edmund Street
B3 2HJ

Turnover (£m): 71.70
No. of lawyers: 406