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Flashcards in Land Law Deck (24)
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1

Those who can sue in private nuisance must have "exclusive possession of the land"

Hunter v Canary Wharf

2

Where the nuisance has been "adopted" or continued the occupier will be liable

Sedleigh-Denfield v O'Callaghan

3

The occupier will be liable for the nuisances created by his visitors

Lippiat v Gloucestershire CC

4

The occupier will be liable for the nuisances created by natural events

Leakey v National Trust

5

Landlords are not generally liable unless they are in charge of repairs

Payne v Rogers

6

Landlords will be liable where they have expressly or impliedly allowed the nuisance

Tetley v Chitty

7

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

8

What are the three types of interference?

1. Encroachment
2. Direct physical injury to land
3. Nuisance by interference with quiet enjoyment

9

What is nuisance by interference with quiet enjoyment?

The interference must be "reasonable according to the ordinary usages of mankind in a particular society"

10

A continuous state of affairs is needed

Spicer v Smee

11

"Dainty modes of living" is not an interference

Walter v Selfe

12

Loss of a view isn't an interference

Aldred's case

13

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

14

If the claimant is abnormally sensitive the court will not lower the standards of unlawfulness

Robinson v Kilvert

15

Business loss may be claimable if some damage is recoverable

Andreae v Selfridge

16

The test for remoteness in private nuisance is...

Cambridge Water

17

Statutory authority may authorise a nuisance

Allen v Gulf Oil

18

Loss in value of the land is the normal way to ascertain discomfort

Hunter v Canary Wharf

19

An injunction is at the courts discretion. Two contradictory cases

Miller v Jackson
AND
Kennaway v Thomas

20

Planning permission is an inoperative defence

Wheeler v Saunders

21

What are the two elements needed to prove trespass to land

1. Intentional interference
2. Direct interference

22

A claimant must have the right to exclude others from the land

Monsanto v Tilly (Licensee)

23

Acting in excess of permission is trespass

The Calgarth

24

What is the remoteness test in trespass to land?

Re Polemis, the direct consequences test