Private Nuisance Flashcards
1
Q
Definition
A
an unlawful or unreasonable interference with a person’s use or enjoyment of land coming from neighbouring land
2
Q
Legal interest
A
the claimant has a legal interest in the land, such as the owner or leaseholder (Hunter)
3
Q
Nuisance
A
The D can be anyone who is causing or allowing the nuisance to continue
4
Q
Foreseeable
A
The D’s use of the land was unreasonable and that the interference with the c’s enjoyment of land must be a foreseeable result of the d’s use of his own land
5
Q
Factors
A
-Character of neighbourhood
-Sensitivity of C
-Continuous nuisance
-Public benefit of the interference
-Malice of the D
6
Q
Successful claim
A
In order for the C to be successful, the D must have interfered with C’s enjoyment of land
