Land Torts

Question 1

Definition of private nuisance.

Answer 1

Unlawful interference with the claimant’s use or enjoyment of land.

Question 2

What must a claimant to have to have locus standi for a claim in private nuisance? Case.

Answer 2

A proprietary interest - Hunter v Canary Wharf.

Question 3

Who cannot make a claim in private nuisance? Case.

Answer 3

Wife, children etc who do not have proprietary interest - Malone v Laskey.

Question 4

Which 3 people can be sued in private nuisance?

Answer 4

1. Creator of nuisance.
2. Occupier.
3. Landlord.

Question 5

In what 3 circumstances will an occupier be liable for nuisance they have not created? 2 cases.

Answer 5

1. Employee - vicarious liability.
2. Independent contractor if nuisance inherent in task - Matania.
3. Visitor/predecessor/natural event if occupier has adopted/continued the nuisance - Sedleigh-Denfield v O’Callaghan.

Question 6

In what 3 circumstances will a landlord be liable for nuisance they have not created? 2 cases.

Answer 6

1. Nuisance existed before tenants took possesion.
2. Inherent in nature of lease - Tetley v Chitty.
3. Promised to fix and did not - Payne v Rogers.

Question 7

Name 3 types of actionable interference. Case.

Answer 7

Hunter v Canary Wharf.

1. Encroachment.
2. Direct physical injury.
3. Amenity damage.

Question 8

What 2 types of interference will not be actionable? Case.

Answer 8

1. TV signal - Hunter v Canary Wharf.

2. Interference with ‘elegant or dainty mode of living’ - Walter v Selfe.

Question 9

How is ‘unlawful’ defined? Case.

Answer 9

Substantial and unreasonable - Sedleigh-Denfield v O’Callaghan.

Question 10

Give 6 factors which will be assessed when determining if an interference is ‘unlawful’.

Answer 10

1. Frequency and duration. 2. Excessiveness/extent of harm. 3. Abnormal sensitivity of claimant. 4. Character of neighbourhood. 5. Public benefit/utility of activity. 6. Malice of defendant.

Question 11

When can a single event be deemed a frequent/enduring nuisance? Case.

Answer 11

When it springs from a continuing state of affairs, e.g. fire from dodgy wiring - Spicer v Smee.

Question 12

What is the 2-limb test to establish excessiveness/extent of harm? Case.

Answer 12

Matania.

1. Is it objectively excessive? (Objective).
2. What is the impact on the claimant? (Subjective).

Question 13

What is the 2-limb test for abnormal sensitivity? Case.

Answer 13

Robinson v Kilvert.

1. Would the interference affect a normal person? (Objective).
2. If yes, claimant can recover to full extent of harm. (Subjective).

Question 14

Case regarding character of neighbourhood? How does planning permission affect this? Case.

Answer 14

Sturges v Bridgeman - what constitutes a nuisance depends on the area. Planning permission may change the character of the area - Gillingham v Medway Docks.

Question 15

Case for malice of the defendant?

Answer 15

Hollywood Silver Fox Farm v Emmett.

Question 16

Which case applies the normal causation rules (i.e. ‘but for’, NAI, remoteness) to private nuisance?

Answer 16

Cambridge Water v Eastern Leather.

Question 17

What 5 defences will be valid for private nuisance? Case for 1.

Answer 17

1. Prescription after 20 years - Sturges v Bridgeman.
2. Statutory authority.
3. Contributory negligence.
4. Consent.
5. Act of god.

Question 18

Which 3 defences will not be valid for private nuisance? Cases.

Answer 18

1. Claimant came to the nuisance - Miller v Jackson.
2. Public benefit - Wheeler v Saunders.
3. Planning permission - Miller v Jackson.

Question 19

What 3 remedies will be available in public nuisance?

Answer 19

1. Damages.
2. Injunction.
3. Abatement, i.e. self-help.

Question 20

What factor may be taken into consideration when deciding whether to grant an injunction? Case.

Answer 20

Public benefit - Miller v Jackson.

Question 21

How is trespass to land defined?

Answer 21

Intentional direct interference with land belonging to the claimant.

Question 22

What must a claimant have to have locus standi to bring a claim for trespass to land? Case.

Answer 22

A right to exclusive possession - Montesanto.

Question 23

Can land include reasonable airspace? Case. Example of trespass. Case.

Answer 23

Yes - Bernstein v Skyways. E.g. sign erected jutting into claimant’s airspace - Kelsen v Imperial Tobacco.

Question 24

What must the defendant intend for his act to be ‘intentional’? Case.

Answer 24

He need only intend the act, not the trespass - Basely v Clarkson.

Question 25

What 3 things may constitute interference for the purposes of trespass to land? Case/quotation for one.

Answer 25

1. Entering land. 2. Bringing anything into contact with land. 3. Exceeding your permission - 'bannisters' - The Colgarth.

Question 26

What are the causation rules for trespass to land?

Answer 26

It is actionable per se - the claimant does not need to show loss or damage.

Question 27

What are the 3 defences to trespass to land?

Answer 27

1. Consent. 2. Lawful authority. 3. Necessity (cf. F v West Berkshire Health Authority).

Question 28

What 3 remedies are available for trespass to land?

Answer 28

1. Damages. 2. Injunction. 3. Abatement, i.e. self help.

Question 29

Will the character of the neighbourhood be relevant where tangible damage has been caused? Case.

Answer 29

No - Halsey v Esso.

Question 30

Where an injunction is granted to restrain a nuisance, can it be a limited injunction? Case.

Answer 30

Yes - may injuct activity to within certain hours/times of day - Kennaway v Thompson.

Question 31

How is 'direct' defined for trespass to land?

Answer 31

It must be a direct result of the defendant's act; an indirect or consequential effect will not be direct. E.g. overhanging branches not direct - consequence of growing tree; but sign jutting into land is direct.