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Derek Legal Blog

Construction Next Door

On the Gold Coast there is lots of construction going on. This can cause problems for neighbouring properties. These problems can include noise, dust, vibrations and interfere with parking. What can a land owner do about this? Private nuisance is an action that is available when a neighbouring land holder interferes with the beneficial use of another’s land. The beneficial use includes concepts of the actual use of the land but also the pleasure, comfort and enjoyment which a person normally drives for the occupancy of land.

Activities on the land must be reasonable and if they interfere with the enjoyment of an adjoining land or damage adjoining land then the cause of action in nuisance arises.

In the case of dust, noise or vibrations an injunction can be obtained requiring the offending land owner to cease the operations that are causing the nuisance. If the vibrations cause damage the land holder is entitled to the cost of repairing the damage.

Posted in: Derek Legal Blog at 25 July 18

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