Flashcards in Land Law Deck (24)
Those who can sue in private nuisance must have "exclusive possession of the land"
Hunter v Canary Wharf
Where the nuisance has been "adopted" or continued the occupier will be liable
Sedleigh-Denfield v O'Callaghan
The occupier will be liable for the nuisances created by his visitors
Lippiat v Gloucestershire CC
The occupier will be liable for the nuisances created by natural events
Leakey v National Trust
Landlords are not generally liable unless they are in charge of repairs
Payne v Rogers
Landlords will be liable where they have expressly or impliedly allowed the nuisance
Tetley v Chitty
What are the two elements to prove in private nuisance?
1.That there is interference with the use and enjoyment of the land
2. That the interference is unlawful
Read v Lyons
What are the three types of interference?
2. Direct physical injury to land
3. Nuisance by interference with quiet enjoyment
What is nuisance by interference with quiet enjoyment?
The interference must be "reasonable according to the ordinary usages of mankind in a particular society"
A continuous state of affairs is needed
Spicer v Smee
"Dainty modes of living" is not an interference
Walter v Selfe
Loss of a view isn't an interference
What are five factors to decide whether an interference is lawful?
1. Extent of harm (Matania v National Bank)
2. Whether the nuisance is continuous?
3. What is the character of the neighbourhood (Studges v Bridgman)
4. Has there been malice? Hollywood Silver Fox Farm?
5. Is there a "dainty mode of living" Walter v Selfe
If the claimant is abnormally sensitive the court will not lower the standards of unlawfulness
Robinson v Kilvert
Business loss may be claimable if some damage is recoverable
Andreae v Selfridge
The test for remoteness in private nuisance is...
Statutory authority may authorise a nuisance
Allen v Gulf Oil
Loss in value of the land is the normal way to ascertain discomfort
Hunter v Canary Wharf
An injunction is at the courts discretion. Two contradictory cases
Miller v Jackson
Kennaway v Thomas
Planning permission is an inoperative defence
Wheeler v Saunders
What are the two elements needed to prove trespass to land
1. Intentional interference
2. Direct interference
A claimant must have the right to exclude others from the land
Monsanto v Tilly (Licensee)
Acting in excess of permission is trespass