Have you ever been in a situation where you are trying to enjoy your own property in peace but are unable to because of other people’s actions from outside of your apartment, house or backyard? For example, the property next door was bought and transformed into a business that now makes an exceedingly loud noise, produces waste into the environment and interferes with your ability to peacefully enjoy your own property. Or maybe an old tree that grows on your neighbour’s adjacent property overhangs over your property exactly where you park your beloved vintage car – every other week, large branches fall on your vehicle but your neighbour is refusing to take care of the tree or compensate you for the damage to the vehicle.
In Canadian law, interference with one’s lawful right to enjoy one’s property is referred to as “nuisance”. Nuisance can be public or private. When your specific right to enjoy your own property is interfered with, you may have a ground in law to bring a claim for compensation.
This nuisance may manifest in different ways: excessive noise, pollution of the environment, physical interference with your property lines such as a hanging tree, dropping debris, and other structures that do not allow you to enjoy your property. Perhaps it is a new business in your neighbourhood that is making excessive noise during all hours of night and day and keeps your family and your neighbours awake. While types of nuisances may vary and circumstances depend on every individual situation, bringing a claim may allow you to receive rightful compensation or an order to make another party stop interfering with your right to enjoy your property. In order to receive a comprehensive consultation on your rights in this regard, email us at info@vblegal.ca or call 905-370-0484.
