Nuisance And The Rule Of Law

Does the conduct of your neighbour adversely affect the use and enjoyment of your property?  Is your neighbour immune to reasonable requests to moderate his behaviour to lessen that impact?  Are the local authorities unwilling to assist you in resolving the problems?  This can be very frustrating and detrimental to the welfare of you and your family.  If the matter is of little monetary value, it is often uneconomic to pursue, but it can nonetheless be a constant aggravation.  This type of conduct is not supposed to happen in a civilized country and, if it does, the rule of law should prevent it.  Sadly, it often is not for one reason or another.

However, there is an answer in the law of nuisance.  Where a nuisance is proven, the courts will help prevent unlawful conduct, even if the local authorities will not.  A recent example of the court providing such assistance involved a couple taking their neighbour to court over the nuisance he was creating on their