We have all heard about it, experienced it, or watched a movie about bad neighbours. While it may be funny to watch, in reality, a bad neighbour can be extremely stressful and can significantly impede someone’s right to quiet and peaceful enjoyment of their land.
In many cases there are city bylaws, condominium corporation bylaws, and restrictive covenants that govern how a person should treat their neighbours and their property. We can assist in reviewing any bylaws or restrictive covenants that are breached and discuss how to resolve these issues. However, if bylaws or restrictive covenants cannot resolve an issue with a bad neighbour, starting a court claim for nuisance may be possible. Nuisance can extend to many things including noise, smells, activities, and unsightly visuals.
Private nuisance is a legal principle that is assessed on a case-by-case basis. In order to establish nuisance, the conduct of a neighbour must unreasonably and substantially interfere with your reasonable use and enjoyment of your property. It may be based on a single incident or a pattern of behaviour.
Even if you have moved somewhere near a known nuisance or have purchased a house where past nuisances have occurred, the courts have stated that this knowledge does not mean that a person accepts, consents, or waives any rights to a claim in further nuisance.
If nuisance can be shown, we can seek a temporary or permanent injunction (a court order to stop the nuisance or an order to fix the cause of the nuisance), damages for loss of use and enjoyment of property, and damages that are quantifiable as a direct result of the nuisance.
Before picking up the phone to invite a realtor to sell your house to the next victim, give us a call and we can discuss the options available. You have a right to enjoy your property and we can help you do that.
Safety is most important. Call the police in the event of an emergency.
This post is not intended to be legal advice.