What A Nuisance - Owner Liability For Other Persons

As an owner of commercial real estate, could you ever be liable for nuisance committed on the property by someone other than you? The recent decision of the Court of Appeal in Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 confirms that, in certain cases, the answer is yes. In this article, we describe the decision of the Court, consider its implications, and note the practical steps that property owners may take to prevent the imposition of liability.

The Facts

The case involved the law of nuisance and concerned a dispute between neighbours. The claimants in the case, the Cockings, alleged that their neighbour, Ms Eacott, had committed two acts of nuisance. The first was allowing her dog to bark excessively, and the second was excessive and abusive shouting. In each case the nuisance was committed over a long period of time. Ms Eacott was, in fact, living in the relevant property. However, she was neither the owner of the property nor a tenant. Rather, she was