Peter Lampitt considers if building works can constitute harassment
The Court of Appeal recently handed down its decision in a dispute between neighbours concerning building works that overran by four years. What makes this case unusual is that it included a claim for harassment (Jones & Anor v Ruth & Anor [2011] EWCA Civ 804, [2011] All ER (D) 112 (Jul)).
The facts of the case
In 2002, the claimants purchased 105 Lower Thrift Street, a three storey mid-terrace house in Northampton. The property next door was owned by the defendants, who, shortly after the claimants’ arrival, began extensive refurbishment works, which included gutting the entire property, the addition of a new third storey and an extension to the rear. Although the works should have taken no more than a year, they went on for five years, during which time the claimants suffered a catalogue of disturbances, damage to their property and aggravation.
The list of complaints regarding the works was extensive. In improving their own property, the defendants damaged the roof and parapet of number 105 and drilled holes
