Commercial Trespass and Nuisance Disputes

What is a trespass and nuisance dispute?

Trespass is a type of nuisance. The difference between trespass and nuisance is that trespass involves direct physical interference with land whereas nuisance is concerned with indirect interference. Trespass occurs where land is being unlawfully occupied or accessed.

Trespass can take various forms and isn’t limited to use by a person. It can be building a wall or fence, installing drainage or leaving objects on neighbouring property. Nuisance is an unreasonable use of land which has an adverse effect on the occupiers of adjoining land. There are many different things which can amount to a nuisance but common examples are smells, noise, and tree roots.

We can advise you whether your or your neighbour’s actions are likely to amount to a trespass or nuisance and, if necessary act for you in bringing or defending a claim against or from your neighbour.