The majority of our work is privately paying and we will typically require a payment on account of our fees before commencing work. We do not do legally aided work.

Nuisance and Trespass Solicitors

Those who own a residential property or commercial premises are entitled to use and enjoy the property without unlawful interference. A claim of nuisance or trespass may arise where you are prevented from doing so by the actions of a third party. Similarly, you may end up in a dispute if your actions are said to impact another landowner’s use and enjoyment of their property. 

At JMW, we act swiftly to help our clients identify whether they have a possible claim, and to resolve those disputes as cost-effectively as possible. Where a claim is necessary or brought against you, our specialist team of property litigation lawyers have a wealth of experience in dealing with complex and high-value claims. 

To discuss a potential claim of nuisance or trespass, or for advice on defending such a claim, get in touch with JMW today. Call 0345 872 6666 or fill out our online enquiry form to request a call back.

How JMW Can Help

JMW’s property litigation solicitors act for property owners, occupiers and developers on nuisance and trespass disputes affecting residential and commercial property. We focus on resolving disputes efficiently, with careful consideration of the wider impact on our clients’ personal and commercial interests.

We regularly act in disputes involving noise, encroachment, access issues and interference arising from neighbouring land use or development activity. Our experience includes acting for both claimants and defendants, which gives us a detailed understanding of how these disputes are pursued, defended and resolved in practice.

We can help with:

• Early assessment and strategic advice: we review the circumstances of the dispute, assess the legal position and advise on the options available. This includes identifying potential risks, remedies and the most appropriate next steps.
• Pre-action resolution: where possible, we seek to resolve disputes at an early stage through correspondence, negotiation or alternative dispute resolution, with the aim of limiting disruption and controlling costs.
• Injunctions and urgent relief: where interference is ongoing or imminent, we advise on the availability of injunctive relief and act swiftly to protect our clients’ interests.
• Court proceedings: where disputes cannot be resolved without litigation, we have the experience to pursue or defend claims through the courts. We provide clear advice at each stage of the process and remain focused on achieving a proportionate outcome.
• Enforcement: where orders or agreements are not complied with, we advise on enforcement options to secure the remedies obtained.

Our approach is commercially focused and proportionate. We work closely with clients to identify the most effective route to resolution, whether that involves early engagement with the opposing party, alternative dispute resolution or, where appropriate, court proceedings.

Meet the Team

Our property litigation solicitors are recognised for their practical, commercially informed approach to property disputes. Members of the team are ranked in the Legal 500, reflecting their experience in this area.

Case Studies

We acted on behalf of a golf club in response to a threatened claim in nuisance, including a threat of an urgent injunctive application. The claim was threatened on the basis that errant golf balls from the club were entering onto neighbouring properties and causing damage and a nuisance. We were able to swiftly resolve the situation in our client’s favour without the need for court proceedings and in a timely and cost-effective manner.

What Constitutes Nuisance?

Nuisance arises where the use of one property interferes with another party’s ability to use or enjoy their own land. The focus is not on the activity itself, but on the effect it has on neighbouring property. In practice, nuisance claims often involve ongoing or repeated interference rather than isolated incidents.

Common examples include excessive noise, vibration or odours, encroachment by tree roots or underground services, water ingress and other activities that materially affect neighbouring land. Whether conduct amounts to nuisance will depend on factors such as the nature of the area, the duration and frequency of the interference and the impact on the affected property.

Nuisance may be classed as a private nuisance, where the interference affects specific landowners or occupiers, or a public nuisance, where the impact is more widespread. In either case, a successful claim requires the interference to be substantial and unreasonable in the circumstances, assessed by reference to the facts of each case.

What Is Considered Trespass?

Trespass involves the unlawful entry onto land without the consent of the person entitled to possession. This may be a direct physical entry by an individual, or it may arise through objects, structures or equipment entering or remaining on another’s land without permission.

Trespass claims frequently arise in boundary disputes, development contexts and construction projects, including issues such as encroaching structures, oversailing cranes, scaffolding or unauthorised access during works. Unlike nuisance, it is not necessary to show that the interference is unreasonable or that loss has been suffered. The unauthorised entry itself may be sufficient to give rise to a claim.

There is often overlap between trespass and nuisance, particularly where interference is ongoing or repeated. Careful analysis by a property litigation solicitor is required to determine how claims should be framed and which remedies are most appropriate.

What Remedies are Available in Nuisance and Trespass Claims?

This will depend on the nature of the interference, how long it has persisted and the circumstances of the parties involved. The aim is generally to address the impact of the interference and prevent its continuation.

Remedies may include injunctive relief to restrain further nuisance or trespass, claims for damages to compensate for loss suffered, or abatement requiring the offending activity or structure to be removed. In some cases, declaratory relief may be appropriate to clarify the parties’ respective rights.

Each remedy carries different legal and practical consequences. For example, injunctive relief may bring immediate resolution but can have operational or commercial implications, while damages may address past harm without preventing future issues. Early advice from a solicitor with experience in these matters is central to identifying the most effective and proportionate outcome, and avoiding unnecessary escalation.

Does JMW Act for Claimants and Defendants?

JMW acts for clients bringing nuisance and trespass claims, as well as those defending allegations of nuisance or unlawful entry. Our experience advising on both sides of these disputes gives us a broad understanding of how claims are pursued, defended and resolved in practice.

When acting for claimants, we focus on establishing the factual and legal basis of the claim, gathering appropriate evidence and assessing the remedies available. When defending claims, we advise on potential exposure, available defences and proportionate strategies for protecting our clients’ position.

Acting for a wide range of clients in different roles allows us to anticipate how disputes are likely to develop and to advise strategically at an early stage. This includes managing commercial risk, controlling costs and, where relevant, addressing reputational concerns alongside the legal issues.

Managing Ongoing and “Continuing” Nuisance or Trespass

In cases that involve ongoing or repeated interference, issues can arise around continuing liability, the accumulation of losses and the application of limitation periods.

We advise clients on how continuing nuisance or trespass is treated in practice, including the strategic considerations that arise where issues persist over time. This involves balancing enforcement action against longer-term neighbour relationships or commercial realities, particularly where parties remain in close proximity.

By addressing these issues proactively, we allow clients to manage risk and maintain control over how disputes develop.

What Is the Process of Instructing JMW in Relation to your Property Dispute?  

Instructing JMW is a clear and straightforward process, designed to set expectations from the outset and allow matters to progress efficiently. When you work with our property litigation team, the process typically moves through the following stages:

1. Initial discussion: when you contact us, we will discuss the property, the circumstances giving rise to the dispute and any immediate concerns.
2. Assessment of your position and development of strategy: we take time to understand the legal and practical background, as well as your personal or commercial objectives. This allows us to develop a considered strategy for progressing the dispute.
3. Costs and timescales: we provide clear information on likely costs and anticipated timescales, so you can plan ahead and make informed decisions as the matter progresses.
4. Proactive file management: once instructed, we act promptly and remain focused on the next steps required. We manage matters actively and maintain regular communication, so you have access to practical advice throughout.

Throughout the process, we aim to keep matters moving efficiently, manage risk carefully and ensure you have a clear understanding of your position at each stage.

Q

Can I seek an injunction for a nuisance or trespass case?

A

In many nuisance and trespass matters, urgent court action may be required to prevent ongoing or imminent interference with property rights. Injunctive relief can be sought to restrain certain activities or to compel specific action where delay would cause further harm.

We advise clients on when interim or final injunctions may be appropriate, as well as the practical and evidential considerations involved. This includes assessing urgency, preparing supporting evidence and advising on the risks associated with injunctive applications.

Where urgent relief is pursued, we work efficiently to protect our clients’ interests while considering the wider commercial and practical impact of court intervention.

Q

Can JMW help with disputes involving development and construction activity?

A

Nuisance and trespass claims frequently arise in the context of development and construction disputes. These claims can involve allegations of excessive noise, dust or vibration, oversailing by cranes, unauthorised access or interference with neighbouring land during works.

Such disputes often require careful handling, particularly where development is ongoing and delays carry financial or contractual consequences. We advise developers, landowners and occupiers on managing these disputes alongside live projects, so they can balance enforcement of property rights with the practical realities of construction activity.

Our experience working closely with planning and construction specialists allows us to provide joined-up advice where disputes intersect with regulatory, contractual or technical issues.

Q

How long do I have to bring my claim?

A

For most claims, you will need to bring proceedings within a period of six years from the date on which your claim arose. In some circumstances - such as when the act in question did not come to light until a later date - you may have a longer period. If that is the case, you will have to bring proceedings within three years of the date of knowledge of the matters giving rise to your claim. However, there is an absolute final deadline of 15 years from the date those issues first occurred. After this point, a claim can no longer be brought, even if the problem is only discovered later.

There are some instances where the trespass or nuisance is considered to be “continuing”, meaning that the periods referred to above continue to accrue. 

These time limits are not always straightforward, and so it is important that you get clear advice at an early stage to determine the appropriate deadline. If you are considering bringing a claim, it is important to move quickly and act well in advance of these time limits to ensure your claim is properly formulated and that you have taken steps to resolve your dispute before court proceedings are commenced.

Q

Can property disputes be resolved without litigation? 

A

In many cases, property disputes can be resolved without the time, money and stress involved in going to court. While the suitability of alternative dispute resolution methods depends on the specific circumstances of your case, these approaches are often effective in reaching a settlement that benefits all parties. At JMW, we always look to fully explore these options at an early stage before court action is considered.

Q

How much do JMW's services cost?

A

The cost of our services will depend on the nature of the dispute, the issues involved and the steps required to resolve it. During our initial discussion, we will outline the likely costs and explain the funding options available, including hourly rates and any alternative fee arrangements where appropriate. We aim to provide clear information from the outset, so you understand how costs may develop as the matter progresses and can plan accordingly.