Nuisance

The law relating to nuisance addresses the rights landowners and occupiers have as to the enjoyment of their land. This includes the extent to which they are protected from, or restricted by, the interests of others in the immediate area.

Claims of nuisance can arise in connection with various parts of a building surveyor's work, including the carrying out of building works or advising on the existing condition of a property and its future maintenance liability.

This section considers both types of nuisance (public and private), focusing on what is needed for a successful action in private nuisance. It outlines possible defences, and the practical steps that may be taken by parties to try to reduce the likelihood of a successful claim being made.

This section is maintained by Vivien King of Hatherleigh Training.

• RICS standard: Boundaries: procedures for boundary identification, demarcation and dispute resolution in England and Wales
• Case: Fearn and Others v Board of Trustees of the Tate Gallery