Landowner’s duty to abate nuisance

The Court of Appeal has recently ruled (Lambert and others v Barratt Homes Ltd and another [2010] EWCA Civ 681) that while a local authority was under a duty to cooperate and help to facilitate works to abate a nuisance on its land caused by a neighbouring landowner, it was not reasonable to expect the local authority to carry out and pay for works to abate the nuisance.

While the duty of the landowner will vary in each case according to the particular circumstances, this case may assist landowners facing nuisance caused by neighbours.

 

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Jury O'Shea