Nuisance - Current Guidance for Conveyancers

Introduction

As a conveyancer you will from time to time be asked by a client about a neighbour or some other perceived nuisance, possibly to do with the property you are dealing with for them - they will ask how they might rectify matters or seek compensation, or whether the market value of their property has been affected.

Nuisance as a legal notion means more than the everyday meaning and may often need to be considered as part of your property transactions. The Supreme Court decision in the ‘Tate Peeping Case’ is a good example.

This can also include restrictive covenants (and their breach) as well as easements (and interference with them), planning and rights to light.

Then there is the additional potential nuisance in the workplace and from your clients. Awareness of appropriate enquiries and dealing effectively with your client may avoid later problems.

What You Will Learn

This webinar will cover the following:

• The nuisance of ‘overlooking’ - The Tate Peeping Case
• Nuisance in the office - clients and other staff members
• Japanese Knotweed - liability and compensation and the nuisance caused by trees and their roots
• Landlord and tenant - ‘quiet enjoyment’
• Noise - Peires v Bickerton Aerodromes Ltd
• Interaction between nuisance and planning permission
• What can constitute a breach of a covenant against ‘nuisance and annoyance’?
• Neighbour’s works and interference with TV signal as a nuisance
• Animals, physical condition, and waste accumulation
• Easements - when can interference with an easement constitute nuisance and how might the courts assess this in monetary terms?
• Does the Human Rights Act have any application to nuisance?
• Examples of use of land that has constituted actionable nuisance
• Nuisance in the context of rights to light - leading cases
• The Supreme Court decision in Coventry v Lawrence

This webinar was recorded on 11th September 2023

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