Nuisance and trespass

Noise, overhanging trees, encroachment and anything else interfering with your use of your home.

How we can help

Advising whether conduct amounts to actionable nuisance in law
Dealing with noise, smells, damp, drainage and persistent disturbance
Resolving overhanging branches, encroaching roots and boundary structures
Pursuing injunctions to stop continuing interference
Claiming damages for damage caused to your property
Working alongside environmental health where statutory nuisance applies

Your solicitor

Dean Smith

Dean SmithSolicitor

What happens next

Keep a log of dates, times and effects, and send it to us with any correspondence.
We advise on whether the conduct meets the legal test and what remedy is realistic.
We write formally, and pursue an injunction or damages if that does not resolve it.

Fees for this work

Charged hourly. For many noise and disturbance issues, the council’s environmental health route costs nothing and works better — we will say so.

Common questions

My neighbour is unbearably noisy. Is that nuisance?

It may be. The test is whether the interference is substantial and unreasonable judged by ordinary standards, not by how sensitive either party happens to be. Keep a detailed log — it is the single most useful evidence.

Can I cut back branches overhanging my garden?

Generally yes, back to the boundary, and you should offer the cuttings back as they remain your neighbour’s property. Check for tree preservation orders and conservation areas first.

Tree roots have damaged my drains.

Claims for damage caused by encroaching roots are well established, usually pursued against the tree owner and often through their insurer.

Should I go to court or the council?

Where the issue is noise, smell or a health hazard, environmental health can serve an abatement notice at no cost to you. Court action is generally a second resort, and we will tell you which fits your situation.

Tell us what's happened

Confidential, reviewed by a solicitor, answered within one working day.