Disputes between neighbours over adjoining properties are common, often leading to frustration and legal battles. 

These disagreements range from boundary issues and shared easements to noise complaints and nuisance claims. 

This article will explore how courts resolve such disputes, drawing insights from the recent BC Court of Appeal case law released in October 2024 and focusing on nuisance in property law. 

We will examine Justice Fenlon’s reasoning to clarify the factors considered when resolving neighbour conflicts.

The Legal Framework for Neighbor Disputes

The law governing neighbour disputes varies by jurisdiction, but some common principles apply. The Property Law Act provides a framework for resolving property-related conflicts in British Columbia, Canada. 

Section 35 of the Act states that a person cannot hinder another person’s reasonable use of a property. 

This section is often invoked in cases involving nuisance claims, where one neighbour’s actions interfere with another’s enjoyment of their property.

What is Nuisance in Property Law?

Nuisance in property law refers to an unreasonable interference with another person’s use and enjoyment of their land. This interference can take many forms, including:

  • Noise: Excessive noise from loud music, construction, or barking dogs can constitute a nuisance.
  • Odors: Unpleasant smells from garbage, burning materials, or industrial activities can also be considered a nuisance.
  • Smoke: Smoke from burning materials, such as wood or garbage, can drift onto a neighbouring property and cause a nuisance.
  • Vibrations: Vibrations from construction or industrial activities can also be a nuisance.
  • Encroachment: Encroachment occurs when one neighbour’s structures or plants extend onto another’s property.

Examples of Nuisance in Property Law

To illustrate the concept of nuisance, let’s consider some examples:

  • A homeowner who regularly plays loud music late at night, disturbing their neighbours’ sleep, could be liable for nuisance.
  • A business that emits noxious fumes, affecting the air quality in the surrounding neighbourhood, could also be considered a nuisance.
  • A neighbour who allows their trees to overhang another’s property, blocking sunlight or causing damage, could be liable for encroachment.

Case Study: Gokey v. Usher

An October 2024 case, Gokey v. Usher, 2024 BCCA 344, provides valuable insights into how courts resolve neighbour disputes. In this case, the appellants and respondents were neighbours who shared ownership of a well. Disputes over the use and maintenance of the well escalated, resulting in altercations and an ongoing campaign of harassment by one of the appellants. The trial judge found the appellant liable for assault, battery, trespass, and nuisance, awarding the respondents $230,000 in damages.

The Courts’ Reasoning

In her decision, Justice Fenlon upheld the trial judge’s findings, which emphasized the importance of considering the severity and duration of the interference when assessing nuisance claims. She also highlighted the need for proportionality in damages awards, ensuring that they reflect the harm suffered by the affected party.

In the trial decision of Gokey v Usher, 2023 BCSC 1312 (at para. 256), the court used a two-part test to determine whether a nuisance exists:

Substantial Interference: The interference must be non-trivial, amounting to more than a slight annoyance or trifling interference. It must significantly alter the nature of the claimant’s property or interfere with the actual use being made of the property.

Unreasonable Interference: The interference must be unreasonable in all circumstances. This involves balancing the gravity of the harm against the utility of the defendant’s conduct. Factors considered include the interference’s severity, the neighbourhood’s character, the plaintiff’s sensitivity, and the frequency and duration of the interference.   

In addition, the court in Gokey v. Usher also considered other factors in determining whether the interference was unreasonable, such as the neighbourhood’s character, the frequency and duration of the interference, and the plaintiff’s sensitivity. These factors are not exhaustive, and the court may consider any other relevant circumstances in determining.

Principles in Resolving Disputes between Neighbours

Neighbour disputes can be complex and emotionally charged. 

When resolving such conflicts, courts consider various factors, including the nature of the interference, its severity, and its impact on the affected party’s use and enjoyment of their property. 

The concept of nuisance plays a crucial role in these cases, providing a legal framework for addressing unreasonable interferences. By understanding the legal principles and considering judges’ reasoning in relevant cases, individuals can better navigate neighbour disputes and seek appropriate resolutions.

Additional Tips for Resolving Neighbor Disputes

  • Communication: Open and respectful communication can often resolve disputes before they escalate.
  • Mediation: Mediation services can help neighbours reach mutually agreeable solutions. For instance, Mediate BC provides mediation services to help parties reach a mutually agreeable resolution. Some municipalities also offer dispute resolution services to residents.
  • Legal Advice: If communication and mediation fail, seeking legal advice can help individuals understand their rights and options.

Remember: Maintaining positive neighbourly relations is essential for a harmonious living environment. By understanding the legal framework and prioritizing communication, individuals can resolve disputes amicably and foster a sense of community.

Roland Luo: Vancouver Property Dispute Lawyer Protecting Clients’ Interests

Property disputes are one of our firm’s focused practice areas. If you encounter such a dispute and are considering resolving it, contact Roland Luo. We have experience assisting clients in resolving property disputes using alternative remedies, such as arbitration, mediation, or litigation.

Located in downtown Vancouver, Roland Luo proudly represents clients throughout British Columbia, Canada, and the United States. To schedule a confidential consultation, contact us online or by phone at 604-800-4628.