Nuisance & Trespass

A private nuisance is an interference with a person’s enjoyment and use of his/her property. The law recognises that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

Examples of nuisances are foul odours, noxious gases, dust and noise disturbance.

We have successfully prosecuted environmental nuisance claims for individuals and community groups affected by various forms of disturbance. We have particular expertise in environmental nuisance claims caused by landfill sites and factories. In addition we have experience in dealing with health impacts of environmental hazards such as illness or injury caused by exposure to pollution, high magnetic fields and gas emissions.We have been able to help our clients by securing agreements to protect their homes against environmental damage and obtaining compensation for damage caused.

An action in trespass can be taken in circumstances where there is an invasion or contamination of your property by a third party. Whether the third party physically invades your property or takes action that could be construed as contamination and invasion (such as rubbish dumping on your property) this would all come under the umbrella of trespass law.

Damages can include compensation for clearing the contamination, damages, decreased property values and personal injury

Although compensation may be awarded in cases of this nature the primary objective would be to have Court orders made to restore lands to their original condition in so far as this is possible.

We advise clients who own land in/ around proposed windfarm developments. We will advise you on- how the proposed development will affect your property and property rights, landowner consents/ agreements, as well as issues concerning easements, wayleaves and rights of way.

We have a proven track record in relation cases involving land disputes. This type of ligation can be very contentious and stressful as it can often involve neighbours. We will give you advice as to the strength of your case and if the matter cannot be resolved pre- litigation, we will engage an excellent team of expert witnesses, to include surveyors and cartographers, on your behalf.

Ann Madigan and James Madigan v Marion, Sean and Kathleen Maureen Reuter.
Walker v Lennach& Barry.