Nuisance

Question 1

What are the 2 types of nuisance?

Answer 1

Public and private nuisance

Question 2

What is nuisance?

Answer 2

Unlawful and continuous interference with a person’s use or enjoyment of land coming from neighbouring land.

Question 3

Requirement 1 - Claimant has an interest in land

Answer 3

The claimant must have a interest in the land, meaning legal interest. They can be owners of tenants but cannot be children, family or friends (Hunter v Canary Wharf)

Question 4

Requirement 2 - Defendant is the person allowing the nuisance.

Answer 4

The defendant must be the person causing or allowing the nuisance to happen - even if it is naturally occurring. This also includes if they have adopted the nuisance (Tetley v Chitty) (Sedleigh-Denfield)

Question 5

Requirement 3 - Unlawful interference with the claimant’s use and enjoyment of the property.

Answer 5

Does not mean the action has to be illegal - just that it is unreasonable in the way it is affecting the claimant. Includes: Smells (Aadams); noise (Kennaway); vibrations (Sturges); Hot air (Robinson. Does not include: Right to view the countryside; right to light or right to TV reception (Hunter).

Question 6

Requirement 4 - Unreasonable use of the land by the defendant

Answer 6

This regards balancing interest of both parties. The factors considered are: Locality (is it urban/residential/rural etc)(Sturges); Duration (one off - Crown river cruises); Sensitivity of the claimant (is the claimant being particularly sensitive); Malice (are the actions deliberately harmful?); social benefit (do the actions have a community benefit)

Question 7

What are the 5 defences that can be used for nuisance?

Answer 7

1)Consent (Volenti)
2)prescription
3)Statutory authority
4)Planning permission
5)Acts of a stranger

Question 8

What defences aren’t available?

Answer 8

• That the defendant moved to the nuisance.
• Usefulness of the activity or that the defendant took care and skill.

Question 9

What is Prescription as a defence?

Answer 9

A unique defence to nuisance that can only be used if the nuisance has existed for 20+ years (Coventry v Lawrence)

Question 10

What is statutory authority as a defence?

Answer 10

This means that there is an act of parliament which gives the defendant permission to be carrying out the act which is causing the nuisance. (Allen v gulf oil refinery)

Question 11

What is planning permission as a defence?

Answer 11

Not usually a defence to private nuisance but can work only if the planned development for a neighbourhood is likely to dramatically change the character of that neighbourhood.

Question 12

What are Acts of a stranger as a defence?

Answer 12

Defendants may be liable for a third arty of acts of a stranger if they have ‘continued’ or ‘adopted’ the nuisance. (Sedleigh-Denfield)

Question 13

What are the 3 remedies for nuisance?

Answer 13

1)Injunctions
2)Abatement
3)Damages

Question 14

What is an injunction?

Answer 14

An order to stop the activity or restrict it. (Kennaway v Thompson)

Question 15

What is an abatement?

Answer 15

This allows the claimant to enter the defendant’s land to prevent further nuisance. (Lemmon v Webb)

Question 16

What are damages?

Answer 16

Compensation for nuisance

Question 17

What are the 5 requirements for nuisance>

Answer 17

1) C has an interest in land
2) D is the person allowing nuisance
3)Unlawful interference with the claimants use and enjoyment of property.
4)Unreasonable use of land by defendant
5)Defences