Essex has been blasted by the recent heatwaves with record-breaking temperatures in both May and June.

While the sizzling sun might make being outside unbearable, more tolerable weather will see residents make the most of gardens, especially in the evening, to make the most of the warmth.

However, nuisance neighbours can add more stress to a summer evening than a wasp buzzing around your picnic.

If you find yourself at odds with your neighbour, you need to know what legal options you have for saving your summer.

In legal terms, there is a distinct difference between annoying behaviour and nuisance behaviour.

What counts as nuisance behaviour from neighbours?

Annoying behaviour is not something that can be meaningfully addressed by a legal professional and will typically include things like babies crying, children playing loudly and the use of standard household appliances in daytime hours.

One-off incidents like parties typically also fall out of scope for nuisance behaviour as the focus is on addressing frequent, prolonged and predictable disruptions.

If there are behaviours like this that are bothering you, your only options are to either endure them or to have a non-confrontational conversation if you feel it is safe to do so.

Even nuisance behaviours can often be resolved amicably, as many times neighbours are simply unaware of the disruption they are causing.

You may be able to take things further if the behaviour is one of the following:

· Prejudicial to health or a nuisance – These behaviours are defined under Section 79 of the Environmental Protection Act 1990 and include excessive noise, smoke, invasive light pollution and accumulation of waste.

· Violating your property rights – These behaviours involve neighbours’ plants invading your property, physical damage like water leaks, or a loss of amenity.

· Anti-social behaviour – Under the Anti-social Behaviour, Crime and Policing Act 2014, intimidation and threats, vandalism and substance misuse can all count as nuisance behaviours.

Getting support from a trusted legal expert should be the first thing you do if you suspect that your neighbour is being a nuisance.

This will let you know whether the behaviour is considered a nuisance and what steps to take.

How can nuisance behaviour be addressed?

Generally, mediation is a good option if direct discussion doesn’t work or is not safe.

An independent mediator will work with you and your neighbour to try and find an amicable resolution.

If the nuisance behaviour does breach your legal rights, it may be possible to get the local council to investigate and issue an abatement notice.

Breaching an abatement notice is a criminal offence, so this should resolve the matter.

A remedial notice may be granted in cases of anti-social behaviour and will also place legal restrictions on your neighbour’s activities.

Depending on your circumstances, you may have the legal right to light.

This will either be written into property plans and contracts or awarded after at least 20 years of uninterrupted enjoyment of light through the same window under the Prescription Act 1832.

Neighbouring structures and construction work can violate this right and you may receive compensation if the offending work cannot be removed.

Right to light cases are particularly complex, but all nuisance behaviour issues with neighbours should involve legal support.

Palmers Solicitors works to empower the residents of Essex to understand their legal rights and ensure they are protected.

Our team will review your situation and let you know whether you have a case, as well as the likely outcomes of the different options available.

Summer should be a time to relax in the comfort of your own home rather than a time of stressful conflict with neighbours. For legal support with nuisance neighbours, get in touch with our team today.