Nuisance and Trespass

Protecting Property Rights with Northpoint Legal

Property owners, tenants, and businesses have the legal right to enjoy their land without interference. Nuisance and trespass claims arise when another party unlawfully disrupts this right. Whether you are dealing with excessive noise, property damage, or unauthorized entry onto your land, Northpoint Legal can help you seek legal remedies and defend your rights.

Our experienced team represents individuals, businesses, and landowners in Vancouver and throughout British Columbia in resolving nuisance and trespass disputes through negotiation, litigation, and alternative dispute resolution.

Nuisance & Trespass in BC

Nuisance and trespass are two distinct but related legal concepts in property law.

• Nuisance occurs when an individual or entity interferes with the reasonable use and enjoyment of another’s property.
• Trespass occurs when a person enters or remains on another’s property without permission.

Legal claims in these areas are typically governed by common law principles and various statutes, including the BC Property Law Act and the Trespass Act.

For legal guidance on property disputes, visit the BC Laws Database.

Types of Nuisance Claims

1. Private Nuisance

Private nuisance occurs when one party’s actions substantially interfere with another’s ability to enjoy their property. Examples include:

• Persistent loud noises or vibrations (e.g., construction, nightclubs, factories)
• Offensive odours or air pollution affecting nearby properties
• Flooding, water diversion, or drainage issues caused by a neighbouring property
• Smoke or chemical emissions damaging property or health

To succeed in a private nuisance claim, the interference must be substantial, unreasonable, and continuous.

2. Public Nuisance

A public nuisance affects a large group of people rather than a specific individual. Examples include:

• Blocking public roads or sidewalks
• Hazardous waste disposal affecting a community
• Pollution of public water sources

Public nuisance claims are typically brought by municipal authorities, but individuals may pursue legal action if they suffer specific damages beyond those of the general public.

3. Statutory Nuisance

Certain nuisances are governed by provincial or municipal regulations, such as excessive noise limits or environmental pollution laws. A violation of these laws may strengthen a legal claim for nuisance.

For local nuisance regulations, visit the City of Vancouver Bylaws.

Types of Trespass Claims

1. Trespass to Land

Trespass to land occurs when a person enters or remains on private property without consent. Common examples include:

• Unauthorized entry by neighbours or businesses
• Recreational trespassing on private land
• Failure to leave after being asked to vacate

Property owners may seek injunctive relief or monetary damages for any losses caused by trespassers.

2. Trespass to Chattels

This occurs when someone unlawfully interferes with another’s personal property. Examples include:

• Damaging or removing property without permission
• Using someone else’s vehicle, equipment, or possessions without consent

3. Trespass by Municipal or Government Entities

Government agencies must follow proper legal procedures when entering private property. Unlawful expropriation, improper searches, or unauthorized access may give rise to a trespass claim against municipal or provincial authorities.

For more information on property rights, visit the BC Property Law Act.

Remedies for Nuisance & Trespass

If you are affected by nuisance or trespass, legal remedies may include:

• Injunctions – Court orders requiring the offending party to stop the interference
• Compensatory damages – Reimbursement for financial losses due to property damage or reduced property value
• Ejectment orders – Removal of trespassers from private property
• Legal costs recovery – Seeking repayment of litigation costs if successful