A homeowner lives next to a commercial property that has recently been converted into a music rehearsal studio. The studio operates seven days a week, with bands practising from 10am until midnight. The noise and vibration from the drums and amplifiers are so severe that the homeowner can no longer sleep properly, ornaments fall from shelves in the living room, and cracks have appeared in the plasterwork. The homeowner wishes to bring a claim against the studio owner.
Which of the following best describes the legal basis for the homeowner's claim?