5) Private nuisance

Question 1

What is private nuisance

Answer 1

Interference with a persons use and enjoyment of land, civil action

Question 2

Are all annoyances actionable

Answer 2

Not all annoyances are actionable, generally in order to keep the flood gates closed - Hunter v Canary Wharf

Question 3

Elements needed to cause a private nuisance

Answer 3

1) Claimant must have interest in the land
2) Unreasonable use of land, which is the source of nuisance
3) Claimant must suffer harm

Question 4

Who has interest in the land

Answer 4

Someone who is in the exclusive possession of the land - Malone v Laskey

Question 5

What case stated there was no necessary interest in the land

Answer 5

Khordisan v Bush
- Canary Wharf agreed with Mason v Laskey in the end

Question 6

What are three factors courts consider when looking at unreasonable use of land

Answer 6

• Sensitivity of claimant (Robinson v Kilvert)
• Character of Area
• Revenge (Hollywood fox farm v Emmett)

Question 7

3) Claimant must suffer harm

Answer 7

Not actionable per se, reasonably forceable damage needs to occur
- Confirmed in wagon mound

Question 8

What are the defences to private nuisance

Answer 8

Statutory authority
Prescription