Cyprus Law | Private Nuisance

Cyprus Law | Private NuisanceCyprus Law | Private Nuisance

Private nuisance consists of any person so conducting himself or his business or so using any immovable property of which he is the owner or occupier as habitually to interfere with the reasonable use and enjoyment, having regard to the situation and nature thereof, of the immovable property of any other person.

This of course is the general rule regarding private nuisance and if the elements within the above paragraph are met then it is possible to take legal actions and be compensated. But like many other general rules there are some exceptions to this one. Firstly, no one can recover compensation in respect of any private nuisance unless s/he has suffered damage thereby. This of course is a basic exception which can be used in many civil wrongs (torts). The second exception would be that the provision above does not apply to any interference with daylight. In other words you can’t sue someone because they have interfered with your property’s daylight using this civil wrong. There is one more exception, or I should say defence, to an action brought in respect of private nuisance which has been stated by law, which is that the act complained of was done under the terms of any covenant or contract binding upon the plaintiff which inured for the benefit of the defendant.

Some may think that because they were doing whatever they were doing which constitutes a private nuisance before the plaintiff’s occupation or ownership of the immovable property affected by the private nuisance they have a good defence but I must say that this is not a defence to a private nuisance court case and cannot be used in the TRNC courts of law.

Hak Hukuk

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