private nuisance

Question 1

what is the definition of private nuisance?

Answer 1

‘an unlawful or unreasonable interreference with a persons use of enjoyment of land coming from neighbouring land’

Question 2

First requirement ?

Answer 2

-that the c had legal interest in the land in the land (leaseholder)
-hunter v canary wharf a number of residents unable to claim did not have propertairy interest
-defendant can be anyone who is causing the nuisance to continue(Tetley v chitty)

Question 3

second requirements ?

Answer 3

-the use of the land was unreasonable
-interference with c’s land must be foreseeable

Question 4

last requirement ?

Answer 4

-must be some kind of harm injury involved
-hunter v canary wharf 3 types of damage
-enroachment onto neighbouring land, physical damage, interference with enjoyment

Question 5

Five factors ?

Answer 5

-characteristics of the neighbourhood
-sensitivity of the claimant (network rail v morris)
-nuisance must be continuous
-courts will consider public benefit(miller v jackson)
-malice of the defendant (Hollywood silver fox farm v emmett)