.jpg)
Subscribe to and view our newsletter
The Technology and Construction Court has held in Jones and another v Ruth and another that a builder who took more than four years to renovate a terraced house had caused a nuisance to his neighbours.
The TCC considered the question of whether a neighbour can simply be made to endure the disruption as an unavoidable consequence of redevelopment works to a property without remedy.
In the event, the Court found that the builder had taken too long in carrying out the works and had caused a disruption andprivate nuisance to a neighbour in an adjoining property.
A series of claims were made that the neighbour had been subject to noise and dust; scaffolding was left inappropriately fixed which banged on the claimants wall; workmen could see into the neighbours bathroom, patio and garden from the scaffolding, thus, reducing privacy; and they were verbally harassed by the defendants.
Damages of £75,000 were awarded to the neighbours in respect of the nuisance aspect of the claim. The total award amounted to £96,800.
The judge conceded that when lawful building works take place a degree of interference to neighbours will inevitable occur, but not to an unreasonable extent whereby the neighbour experiences a loss of the enjoyment of their property. What is deemed unreasonable would be determined on a case by cases basis.
The Court considered that a year would have been a reasonable duration for the works to be carried out. Generally, building works that are done continuously, not sporadically and ad hoc, for a relatively short period can be tolerated as a reasonable necessity. The TCC held that the building works were thus, incompatible with the neighbours’ reasonable enjoyment of their property.
The case is of interest because, although it does not talk about any new legal principles, it does illustrate how nuisance caused by unreasonable renovation projects in residential areas can be an emotive and, potentially for the developer, a costly subject.
Pearson Hinchliffe Solicitors’ Commercial Litigation team regularly advises builders, developers and neighbours to building sites in issues of nuisance. To speak to a Litigation solicitor, please contact us using the details provided below.
.(JavaScript must be enabled to view this email address)
0161 785 3500
Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.
MoreAfter a 5-decade long career, head of Corporate Commercial department retires.
MoreSunday trading restrictions during the Olympic and Paralympic Games to be suspended.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreThe national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.
MoreA recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
Download the guidance covering arrangements for holidays and holiday pay.
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.
A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,
