Land Torts Flashcards
(31 cards)
What is private nuisance?
Private nuisance is any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant’s land or their use or enjoyment of that land.
What must a claimant show to sue in private nuisance?
The claimant must have a legal interest in the land (e.g. freehold or leasehold). Mere permission to occupy is insufficient
Who can be sued in private nuisance?
Creator of the nuisance
Occupier of the land (even if created by others, trespassers or nature)
Owner, in limited circumstances
When is an occupier liable for nuisances caused by others?
When they:
Hire an independent contractor whose actions cause a nuisance
Continue or adopt a nuisance by trespassers or predecessors
Fail to address naturally occurring nuisances
When is a landlord liable?
Only if:
They authorised the nuisance
It was inevitable or a virtual certainty upon leasing
What are the four elements of private nuisance?
Indirect interference
Recognised damage
Continuous act
Unlawful (unreasonable) interference
What is indirect interference?
Damage that originates on the defendant’s land and affects the claimant’s use/enjoyment (e.g. noise, smell, vibrations).
What types of loss are recognised in private nuisance?
Physical damage to property
Sensible personal discomfort (SPD) – affects amenity value
What damage is not recoverable in private nuisance?
Personal injury
Damage that is de minimis
Trivial discomfort
Is one incident enough?
No – the interference must usually be continuous.
Exceptions to continuous act?
A state of affairs that creates a one-off incident
A brief event causing serious risk of escape
What does ‘unlawful’ mean in nuisance?
It means unreasonable use of land, not necessarily illegal.
What factors help determine unreasonableness?
Time and duration
Locality – only for SPD, not property damage
Planning permission – may affect locality (Gillingham [1993]) but does not authorise nuisance
Abnormal sensitivity – not actionable (Robinson v Kilvert [1889]); foreseeability may replace this concept
Malice – conduct with intent to annoy can amount to nuisance
Lack of care – unreasonable works cause liability
Excessive behaviour – e.g. releasing hundreds of pheasants
What are the defences to private nuisance?
20 years’ prescription
Statutory authority
Consent
Contributory negligence
Act of third party
Act of God
Can ‘moving to the nuisance’ be a defence?
No – the claimant can still sue
What are the remedies in private nuisance?
Injunction (full or partial) – primary remedy
Damages – for property damage or SPD (may be awarded instead of an injunction)
Abatement – self-help, e.g. trimming overhanging branches
When are damages awarded instead of an injunction?
Where public interest outweighs private loss
What is public nuisance?
An act or omission that materially affects the comfort and convenience of life for a class of Her Majesty’s subjects
Who can sue in public nuisance?
Individual (if they suffer special damage)
Local authority
Attorney General
What is special damage?
Damage suffered by the claimant that is more serious or different in kind than that suffered by others
Who can be sued in public nuisance?
The creator, owner, or occupier of the nuisance.
What are the elements of public nuisance?
Act or omission
One-off event or continuous
Class of affected persons
Material interference with comfort or convenience
What losses are recoverable in public nuisance?
Property damage
Consequential economic loss
Personal injury (unlike private nuisance)
Pure economic loss
Material annoyance/inconvenience
What defences apply in public nuisance?
Same as private nuisance, except for prescription, which does not apply.
