Building surveying > Nuisance
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Boundaries
10 March 2010
Boundaries: procedures for boundary identification, demarcation and dispute resolution in England & Wales aims to provide an understanding of the value and role that clearly identifiable boundaries provide;...
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Environmental Protection Act 1990
12 November 2009
The Act grants a right to local councils to take action against parties causing various types of nuisance which have a detrimental affect on the environment or health. The...
Summary
The law of nuisance is charged with providing guidelines for landowners and occupiers as to the extent their rights to the enjoyment of their land, and any activities on it, 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, for example, 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 also outlines the practical steps that can be taken by parties to reduce the likelihood (and success) of a claim being made.
This section is maintained by Amanda Gourlay of Tanfield Chambers.
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Public nuisance
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Private nuisance
- Private nuisance
- Establishing whether the key elements of the tort are present
- Act or omission
- Interference with a person's use or enjoyment of land
- Damage
- Factors to consider in determining whether the elements of nuisance are present
- Remedies available to a claimant
- Collating evidence
- Possible defences
- Further information on nuisance