Private Nuisance

Question 1

what is private nuisance?

Answer 1

an unlawful interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way.
actionable in tort, definition not set in stone

Question 2

what does private nuisance concern?

Answer 2

concerns people living in proximity to each other

Question 3

what are the main types of private nuisance?

Answer 3

loss of amenity nuisance

material damage nuisance

Question 4

what is loss of amenity nuisance?

Answer 4

no physical damage
c’s ability to enjoy land is restricted by activities of D
e.g. noise preventing sleep, smell, smoke

Question 5

what is material damage nuisance?

Answer 5

when dangerous state of affairs on D’s land causes significant physical damage to C’s land
e.g. tree roots causing subsidence

Question 6

when does D’s use of land become a problem?

Answer 6

when use is termed unreasonable.

when it affects nieghbours’ ability to enjoy his/her land

Question 7

who are the parties to an action?

Answer 7

anyone who uses or enjoys land and is affected by interference may claim.
C must have an interest in the land, e.g. owner/tenant
can’t be member of owner’s family who has no legal interest in property

Question 8

parties to an action, D?

Answer 8

person who is causing or allowing the nuisance can be sued

Tetley v Chitty (1986) (local authority allowed go-kart racing that caused nuisance)

Question 9

Sedleigh Denfield v O’Callaghan (1940)

Answer 9

occupier who knows of a danger and allows it to continue is liable, even if he/she has not created danger themselves

Question 10

where occupier is not responsible for creating nuisance, still liable as a result of ‘adopting’ the nuisance

Answer 10

Sedleigh Denfield v O’callaghan

failing to deal with problem is liable

Question 11

natural causes?

Answer 11

D can be liable where nuisance is the result of natural causes which he/she is aware of but fails to deal with.
Leaky v National trust (1980)

Question 12

leaky v national trust and natural causes?

Answer 12

natural mound on hillside, D aware that this could slip so liable when it slipped onto C’s land, failed to prevent this

Question 13

does D have to have an interest in the land?

Answer 13

D does not have to have an interest in the land from which nuisance is coming.
Anthony v The coal authority

Question 14

Hunter v Canary Wharf Ltd

Answer 14

loss of recreational facility is not sufficient interference to give rise to an action in nuisance

Question 15

Balancing conflicting interests

Answer 15

McKenna v British Aluminium- 3o C’s, some of which had no interest in the land, were able to claim for fumes from D’s factory
Article 8

Question 16

what are the elements of private nuisance?

Answer 16

1. an unlawful inteference
2. for substantial length of time
3. of person’s right to enjoy or use land in a reasonable way

Question 17

1. unlawful?

Answer 17

mere interference is unsufficient for an action

does not mean illegal but courts accept that D’s use of land is unreasonable in way it effects C

Question 18

1. what types of interference will not be allowed?

Answer 18

right to view of countryside
right to light
interference to TV reception

Question 19

1. do courts protect feelings of emotional distress?

Answer 19

Thompson-shwab v costaki

running brothel in respectable, residential area = nuisance

Question 20

factors of reasonableness?

Answer 20

courts will assess factors of reasonableness in deciding whether 's use of land is unreasonable
locality
duration
time of day
malice
sensitivity
social benefit

Question 21

locality

Answer 21

character of neighborhood will be considered, is it residential, commercial, industrial, town, country?
sturges vBridgman

Question 22

duration

Answer 22

to be actionable, inteference will be continuous and carried on at unreasonable hours of day

crown river cruises v kimbolton fireworks (20 mins held to be nuisance)

Question 23

sensitivity of C

Answer 23

if C is particularly sensitive, action may not be nuisance
robinson v kilvert
however, law is moving on from idea of ‘abnormal sensitivity’ to test of foreseeability
network rail v morris

Question 24

malice

Answer 24

deliberately harmful act is unreasonable so nuisance

Hollywood silver fox farm v emmett

Question 25

social benefit

Answer 25

if D is providing benefit to community, courts consider actions reasonable
miller v jackson

Question 26

defence of prescription

Answer 26

if D can show they’ve been committing nuisance for 20+ years and C has been aware and done nothing about it, D has a defence
coventry v lawrence

Question 27

defence of moving to nuisance

Answer 27

not a defence to D,
C is only suffering nuisance as they moved closer or into the area
miller v jackson

Question 28

defence of statutory authority

Answer 28

nuisance by public authority acting under statutory powers, this is a defence providing nuisance doesn’t exceed what was authorised

Question 29

remedy, injunction

Answer 29

ordering D to stop causing nuisance or providing instruction

Question 30

remedy abatement

Answer 30

entering D’s property to prevent further nuisance e.g. chopping overhanging branches