Where a new neighbour arrives beside a long-existing visible nuisance (noise or smoke for example), if the defendant can show that all possible care and skill had previously been taken in the attempt to lessen or eliminate the nuisance, the action in nuisance will fail.

Question

Quizplus · Accepted Answer

In nuisance law, the fact that a defendant has taken all possible care to prevent a nuisance does not necessarily exempt them from liability if the nuisance causes harm or interference to neighbors. The arrival of a new neighbor does not change the defendant's liability for an existing nuisance.

Where a New Neighbour Arrives Beside a Long-Existing Visible Nuisance