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Question 1

What is private nuisance?

Answer 1

Disputes between adjacent landowners.

Question 2

What must a private nuisance be?

Answer 2

An act or omission that must be continuous.

Question 3

How does Winfield define private nuisance?

Answer 3

An unlawful interference with a person’s use or enjoyment of land.

Question 4

What does unreasonableness in private nuisance include?

Answer 4

Something which is continuous (Tate gallery).

Question 5

What is required for a use of land to be considered unreasonable?

Answer 5

It must cause independent interference.

Question 6

Who can be held liable for a private nuisance?

Answer 6

The creator of the nuisance, those who authorize it, adopt it, or know an act of nature caused it and failed to deal with it.

Question 7

What are the cases related to liability in private nuisance?

Answer 7

Tetley v Chitty, Sedleigh Denfield v Callaghan, Leake v National Trust.

Question 8

What are the 5 factors for unreasonableness in private nuisance?

Answer 8

1. Acting maliciously (Christie v Davey)
2. Public benefit (Miller v Jackson)
3. Claimant’s sensitivity (less liable, Robinson v Kilvert)
4. Locality/time of day (Coventry v Lawrence)
5. Duration (Bolton v Stone).

Question 9

What is interference causation in private nuisance?

Answer 9

Factual causation related to land that indirectly causes the claimant’s use of land.