Is the conduct of your neighbours disrupting your ability to use and enjoy your property in peace? Are you facing difficulties negotiating a mutual solution regarding your property issues with your neighbour? No one should be subject to this kind of discomfort at the hands of their neighbours. This can get unbearable and adversely affect the physical and mental well-being of you and your family. However, this is where the law of nuisance comes to your rescue.
We have all heard of innumerable tales of warring neighbours, who share bad blood due to issues like loud music being played at the neighbour’s house late every night, the neighbour’s overhanging trees encroaching on space in one’s yard, or due to the neighbour’s pet dog, who’s incessant barking during the wee hours of night disrupts one’s sleep. In contemporary times, there are systemic remedies available for those seeking relief from needling neighbours. Nuisance law is a tort law inherited from England and still sees relevance in many property disputes. Nuisance Law can be public or private. Lawsuits invoking the use of private nuisance law centre around neighbour’s getting sued for disrupting an individual’s enjoyment and use of their land.
To determine your legal standing and whether you have a valid nuisance case against your neighbour, you will have to satisfy two conditions. The courts need proof that the extent and nature of nuisance caused by your neighbour are unreasonable and the disruption continuous. Disruption can be in the form of excessive noise, noxious fumes, or physical property damage, among others. Regarding a valid nuisance case, some relief is provided by courts in the absence of help from local authorities.
While we do not have a right to absolute silence, no one wants to be on the receiving end of annoyance from their neighbours or experience disruption to their mental and physical well-being. We cannot take a cookie-cutter approach for every case because relevant facts differ based on locality, the general nature of the community and neighbourhood and the duration of the nuisance, among others. Seeking professional legal assistance is the best immediate option available to you.
If you have been subject to similar disturbing circumstances at the hands of your neighbour, do not hesitate to contact us. Our professional and experienced lawyers value your well-being and wish to support you through the legal process. For more information and targeted advice for your situation, book a free consultation at (416-221-2221) or visit our website