Nuisance

Question 1

What is Private Nuisance?

Answer 1

A tort whereby one land owner claims against a neighbouring land owner for an unreasonable use of the land which indirectly interferes with the claimants use or enjoyment of the land.

Question 2

Who has a right to claim in nuisance?

Answer 2

The C has a right to claim because… [Hunter v Canary Wharf] (Smoke, smell, noise [emanation]

Question 3

What is considered when determining if a nuisance is unlawful based on the “Locality”

Answer 3

Locality… [Sturges v Bridgman] consider rural/urban/residential/industrial/commercial

Question 4

What factor is considered regarding the “Duration” of the nuisance?

Answer 4

Duration… consider repetition and timing e.g. night time [Crown River Cruises]

Question 5

What case is relevant to the “Malice/motive” of the defendant in creating a nuisance?

Answer 5

Malice/motive… have they created the nuisance on purpose to annoy/offend the C [Hollywood Silver Fox Farm]

Question 6

What are the primary defences to a nuisance claim?

Answer 6

Defenses: [Coventry v Lawrence]

Prescription: An actionable nuisance for 20 years which has not been challenged
Statutory Authority: including planning permission will be a possible defence
Act of a stranger?