Ashuthosh (Others) 01 January 2021

Private nuisance

Nuisance by neighbourer Our neighbourers next door water-wash their entrance area, portico, staircase, and car and let the dirty water which is getting collected in front of our house. Because of this, we are unable to clean the surroundings of our house whenever we find time. Tree leaves fallen in front of our house gets wet because of which we have slipped and injured few times without getting grievously hurt. We informed them about the inconvenience caused, to which they arrogantly replied that, since 10 years they are cleaning and keeping their premises and surroundings clean in this manner. They directed us to install a pipe at the corner of our house so that their dirty water passes into the drain.

Secondly, we have rented a small house in the ground and we reside in the first floor. Now, the tenant who is a senior citizen uses washroom frequently both in the day and night. Now, our neighbourers have started telling that when you can point out at our mistake, why don't you ask your tenant to close the windows of washroom so that we don't hear any sound from the washroom. I would like to know how to handle this.

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4 Replies

Nandini Warrier 09 January 2021

Good evening,

The first case must contain three components, being Unreasonable interference, damage, and interference with enjoyment and use of your land. The act must be a continuous series of interference, not just a one time occurence. If the situation fulfills these categories it will be considered as private nuisance, and you can visit the court to issue an injunction, which is a restraint order to the defendant or neighbour to stop committing the act of nuisance.

In the second situation, if the tenant is causing disturbance to every person within the neighborhood, it will be considered as nuisance. If the sound is unreasonable solely and only to the mentioned neighbour, it will be considered as sensitive, and the court will refuse to grant an injunction to the plaintiff or neighbour.

Refer to Health v. Mayor of Brighton case law for more details regarding the second situation.

Hope this helped you!

Regards,

Nandini

Ashuthosh (Others) 11 January 2021

Good morning!

Thanks. Is pavement also considered part of my house as neighbourer may claim that they are not pouring water into my house. After my house the water continues to flow in front of the next few more houses whose owners are keeping quiet. Does this negate to get restraining order?

Nandini Warrier 11 January 2021

Hello!

The pavement will be considered public if it is outside the boundaries of your property. the situation can potentially cause harm to anyone, if they're walking on the pavement during the time of their routine. Please contact the police agency or station, and let them handle the situation, usually this should work. But if it doesn't, please do go ahead and do the previously mentioned steps, since it has caused you inconvenience and interference.

Hope this helped!

Regards,

Nandini