We have all heard of innumerable tales of warring neighbours, who share bad blood due to issues like loud music being played at the neighbour’s house late every night, the neighbour’s overhanging trees encroaching on space in one’s yard, or due to the neighbour’s pet dog, who’s incessant barking during the wee hours of night disrupts one’s sleep. In contemporary times, there are systemic remedies available for those seeking relief from needling neighbours. Nuisance law is a tort law inherited from England and still sees relevance in many property disputes. Nuisance Law can be public or private. Lawsuits invoking the use of private nuisance law centre around neighbour’s getting sued for disrupting an individual’s enjoyment and use of their land.

To determine your legal standing and whether you have a valid nuisance case against your neighbour, you will have to satisfy two conditions. The courts need proof that the extent and nature of nuisance caused by your neighbour are unreasonable and the disruption continuous. Disruption can be in the form of excessive noise, noxious fumes, or physical property damage, among others. Regarding a valid nuisance case, some relief is provided by courts in the absence of help from local authorities.

While we do not have a right to absolute silence, no one wants to be on the receiving end of annoyance from their neighbours or experience disruption to their mental and physical well-being. We cannot take a cookie-cutter approach for every case because relevant facts differ based on locality, the general nature of the community and neighbourhood and the duration of the nuisance, among others. Seeking professional legal assistance is the best immediate option available to you.

If you have been subject to similar disturbing circumstances at the hands of your neighbour, do not hesitate to contact us. Our professional and experienced lawyers value your well-being and wish to support you through the legal process. For more information and targeted advice for your situation, book a free consultation at (647-699-7984) or visit our website 

Keep the following guide handy for when you have to prepare for your first consultation:

Finding the Right Attorney

Before booking your consultation, ensure that you shortlist lawyers who you might think will be a good fit. Consider looking up lawyers who specialize in or conduct their regular practice in the field of law relevant to your case. Family and friends who have used the services of a lawyer before can be a great source of information. You might also want to ask a lawyer whose services you previously used for referrals.

Getting To Know Your Attorney

Keep in mind that you will be spending a substantial amount of time with the lawyer you hire. To ensure that the lawyer will understand you and you will be able to work well together, you might want to consider asking them a little about themselves, such as their background and legal experience. It is a personal intervention, but getting the tricky bit out of the way will ensure a smooth legal journey later. Additionally, getting to know your prospective lawyer will help establish their credibility, thus helping you make the right choice. Ask them how many of these cases they have previously handled, how long they have been practicing for, and whether they are familiar with relevant local laws.  

Case Plan and Documents

It is helpful to give the lawyer a brief overview of your case. The critical question is to ask the lawyer what their proposed plan of action is for your case. This will determine whether you and your lawyer share the same goals and objectives and how well your strategies align. Your primary considerations will be the duration of the entire legal matter, along with proposed pathways regarding negotiation strategies. If you are looking to avoid taking the issue to court, make your position known to the lawyer. Be as honest and transparent as you can regarding the facts of the matter. Present both sides of the story, not just the facts that support your side. The lawyer may not be aware of crucial facts about your case, so consider taking important case-related documents to help them estimate the strength of your legal position and the possible duration of the case.

Person of Contact:

A point of concern is regarding who in the firm will be handling your case. In most large firms, lawyers usually have paralegals or legal assistants who handle much of the paperwork and tasking documentation of a case. However, this may not be the case in smaller firms. Additionally, you also need to know who your first point of contact will be in the firm, along with their response times. It is helpful to look around the firm and get a sense of the environment and the people working there. Since legal cases can get drawn out, it is best to ensure that you and the lawyer are on the same page from the get-go and have a similar outlook for your case.

Legal Fees:

One of the most critical considerations in legal cases is the costs involved. We are well aware that fighting a legal battle can be complex and lengthy, and it also comes at a price. You must discuss the nature of such costs with the lawyer during your first meeting, along with the method of calculation and going rates. Different firms may have different billing methods and usually ask for an initial fee called a “retainer” to get started, followed by hourly fee billing. Ask the lawyer for an estimated cost of the entire case, from start to finish, along with any additional bearings.

The final piece of advice is to carry a small diary or notepad to jot down the information your lawyer gives you so you have a record of your first meeting. The initial consultation is less about getting sound legal advice on your case but more about getting to know your prospective lawyer and determining whether they are the right fit.  We at Juzkiw Law offer the first consultation free of cost to determine the fruitfulness of our partnership and ensure you make the best decision for yourself. Our lawyers have extensive experience working with clients from all walks of life on varying legal matters. We aim to make the process hassle-free, and our true victory stands in your success. Please feel free to visit our website to book your free consultation now. For further assistance, do not hesitate to call us on +1 (416) 286-2645 or visit us!