In light of recent case law, Michael Ranson & Taylor Briggs discuss ways to approach neighbour disputes
- Looks at nuisance, negligence, and harassment in neighbour disputes.
- Notes a negligence claim can succeed on the same facts where a nuisance claim has failed.
- Highlights difficulties with claiming harassment in neighbour disputes.
- Covers Thomas v Nicholas, where a falcon-breeder sued their scaffolding business owner neighbour, and Fearn v Board of Trustees on nuisance.
In a split judgment, the Court of Appeal recently confirmed that, in a neighbour dispute, a claimant can fail in nuisance but succeed, on the same facts, in negligence. This article explores how the court arrived at this controversial position, the implications for practitioners, and how another cause of action frequently pleaded in such disputes (namely, civil harassment) would benefit from appellate scrutiny in the future.
Disputes between adjoining owners of property, whether residential or commercial, take many forms: a CCTV camera recording activity on nearby land, overhanging branches or encroaching roots, barking dogs, vibrations from industrial land uses, and disruptive building
