Pictured: Annette Wood

Property owners having building work done could now be liable for not only nuisance, but also harassing neighbours if their behaviour amounts to deliberate and persistent tormenting.

Local law firm, Andrew & Co, says that following a recent Court of Appeal case there's now a new weapon to deal with feudal behaviour by 'neighbours from hell'.  The case outcome ruled that house owners who torment their neighbours could find themselves in court for harassment. 

The case referred to a couple who moved into their new Nottingham home in 2002. Within weeks, their neighbours started major works to enlarge their house by adding a third storey. The work should have been completed in a year, but instead, dragged on for five years, leaving the claimants to suffer the resulting noise, dust, pollution and vibration. 

They also experienced trespass when their neighbours erected scaffolding in their garden without permission, made holes in the gable end wall of their property to insert purlins, and caused substantial damage due to the increased structural load of the new third storey.

Unsurprisingly, the claimants won their claim for nuisance and trespass, winning substantial damages. But more unusually, one of the claimants also claimed damages for personal injury relying on the Protection from Harassment Act 1997, which she claimed had been caused by the neighbours.

Severe back pain, brought on by anxiety and depression, meant she'd been unable to work since April 2005 and was receiving physiotherapy and counselling. She claimed the anxiety was caused by the neighbours's aggressive and intimidatory behaviour, their refusal to provide information about the progress of the work and by ignoring repeated requests to reduce the noise and make good the damage they had caused. They had also left abusive notes concerning the same sex relationship of the claimants.

At the trial, the judge agreed the behaviour was harassment but awarded the claimant just £6000 for distress and anxiety; way below the amount claimed.  He refused further compensation saying the injuries and loss of earnings were not foreseeable. The claimants appealed. The Court of Appeal disagreed, saying the trial judge had been wrong to apply negligence criteria to the claim. They said that there was no requirement of foreseeability under the Protection from Harassment Act and awarded the claimant the full amount she'd claimed. 

Annette Wood, a litigation expert with Andrew & Co explained: "Although this judgement doesn't say building works alone will amount to harassment, it does offer comfort to people faced with extreme behaviour by a neighbour. All too often there are stories of difficult and aggressive neighbours who refuse to put matters right. Following this judgement, those neighbours may be found guilty of harassment and ordered to pay the cost, whatever it may be."

Annette said:  "It's important to keep neighbours in mind when buying a property. Asking sellers if there has been any previous disputes is one of the standard questions asked during conveyancing and if a seller doesn't disclose any dispute, they could face a claim for misrepresentation.

"If your neighbours want to use part of your building for their own development, as in this case, you need to find out what your rights are for any compensation and deal with it at the outset. The Court of Appeal held that the correct damages to compensate for the neighbours tying into the dividing wall was £15,000. This was the equivalent price that might have been paid had the households negotiated a figure and agreed what's called an 'easement' on the property before work started."

Annette says anyone who is currently in dispute with their neighbours over building work can call her on 01522 512123, or if an 'easement' needs to be agreed they can contact the property team on the same number.