Land (private)

Question 1

private nuisance

Answer 1

only one neighbour is affected

Question 2

claimant

Answer 2

must have proprietary interest in the land (owner or tennets, not visitors, family members and lodgers)

Question 3

defendant

Answer 3

must create/cause or allow the nuisance to occur. if its a naturally occurring nuisance d is still liable if they know and do nothing about it

Question 4

unlawful interference

Answer 4

1. locality
2. duration
3. sensitivity
4. malice
5. malice
6. benefit to community
7. human rights act

Question 5

indirect interference

Answer 5

not directly caused by resulting from something

Question 6

continuous intereference

Answer 6

forming an unbroken whole; without interruption

Question 7

damages

Answer 7

1. physical damage

2. affects use/enjoyment of land

Question 8

defences

Answer 8

1. prescription
2. moving to the nuisance
3. statutory authority

Question 9

prescription

Answer 9

if the action carried on for at least 20 years and there has been no complaints then D has rights to carry on

Question 10

moving to the nuisance

Answer 10

d my argue that the claimant is suffering the nuisance because they moved closer

Question 11

statutory authority

Answer 11

many activities are regulated by law or licensed