A legal nuisance involves a substantial, unreasonable and repeated or ongoing interference with the use or enjoyment of a neighbour's land (examples include smoke, smells, noise and overhanging trees).
It is for the court to decide what is substantial and unreasonable and this will often depend on the nature of the local area. For example, noisy or smelly factories will not normally be regarded as causing a nuisance if they are sited in industrial areas. Nor will it be a nuisance if the occupier who suffers the damage has put up with it without complaint for a long time, or if the occupier suffered the damage because of an unusual sensitivity (for example, unusually delicate plants). Public authorities may sometimes be allowed to cause a nuisance in the course of necessary work they perform.
The occupier who complains of what appears to be a nuisance caused by a neighbour may:
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