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Flashcards in Nuisance Deck (25)
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1
Q

What is private nuisance?

A

An indirect and unlawful interference with a person’s use or enjoyment of land, coming from neighbouring land?

2
Q

What are the 3 elements to private nuisance?

A
  1. The interference with land must be indirect
  2. The interference with land must be unlawful
  3. C must be able to sue D
3
Q

What is an indirect interference?

A

Physical damage or non-physical damage, that makes it physically unpleasant to be on the land.

4
Q

What are the 2 cases for physical damage?

A

Davey v Harrow Corporation - C’s house was damaged by roots from trees on D’s land.
Sedleigh Denfield v O’Callaghan - C’s house was damaged after a heavy storm caused a flood on D’s land (from a pipe implemented by the council).

5
Q

What are the 2 cases for non-physical damage?

A

Christie v Davey - C was a music teacher who lived in a semi-detached house. D was fed up with the noise and began banging on the walls and shouting.
Wheeler v JJ Saunders - C owned a farm and let D build 2 buildings on the farm. D built them 11 metres away from C’s house, causing C to complain about noise and smell.

6
Q

What is the principle from Hasley v Esso Petroleum?

A

Physical damage will always be an interference and, as long as the non-physical damage makes it physically unpleasant to be on the land, non-physical damage will be an interference too.

7
Q

What is the principle from Thompson-Schwab v Costaki?

A

Causing emotional distress is enough to count as an interference.

8
Q

When will non-physical damage not count as an interference and which cases apply?

A

If D affects a ‘recreational activity’ or ‘things of delight’
Bland v Moseley - blocking a view is not an interference, just a ‘thing of delight’
Hunter v Canary Wharf Ltd - loss of a TV signal is not an interference it is a ‘recreational activity’

9
Q

What is a continuing interference?

A

Where a natural hazard develops and D fails to take precautions to stop it interfering with other land.
Leakey v National Trust - although D did not cause the landslide, he did not do anything to stop it.

10
Q

What is meant by unlawful interference?

A

‘Unreasonable’ use of land

11
Q

What is the principle from Southwark London Borough Council v Mills?

A

There must be some give and take with our neighbours, and unreasonable use is only what goes beyond acceptable behaviour.

12
Q

What are the 5 factors courts consider when deciding if there was unreasonable use of land?

A
  1. Sensitivity of C
  2. Locality
  3. Duration
  4. Malice
  5. Social Benefit
13
Q

What is sensitivity of C?

A

Whether C has only suffered due to some ‘abnormal sensitivity’ or if the interference was foreseeable.
Network Rail Infrastructure Ltd. v Morris - The court should consider if it was reasonably foreseeable that D’s use would cause the damage to C.

14
Q

What is locality?

A

What is reasonable based on the are where the land is situated - looking at the character of the neighbourhood?
Sturges v Bridgeman - What is reasonable for an area depends on its character and make-up
St Helen’s Smelting Co v Tipping Ltd - The unreasonableness of D’s act should be based on what is expected of that particular area, but physical damage always makes it unreasonable.

15
Q

What is duration?

A

When and how long the interference happens for and how long it lasts.
Hasley v Esso Petroleum - What is reasonable at one time of day may not be reasonable at another time.
Crown River Cruises Ltd v Kimbolton Fireworks Ltd - A temporary interference can be unreasonable if it is severe enough.

16
Q

What is malice?

A

Considering if D was acting maliciously (trying to be a nuisance).
Christie v Davey - Using one’s land with bad intentions will be an unreasonable use.

17
Q

What is social benefit?

A

Considering if D’s actions have some benefit to the community.
Miller v Jackson - The court should consider how D’s use benefits the community at large,

18
Q

Who can be sued?

A

The occupier of the land can be sued for either creating a nuisance or ‘adopting’ a nuisance caused by a previous owner, occupier, or even trespasser.
I.e. the owner of the land, the creator of the nuisance and the occupier of the land can be sued.

19
Q

What happened in Tetley v Chitty?

A

The council authorised the use of land and so authorised the nuisance.

20
Q

What was the principle from Hunter v Canary Wharf?

A

The person being interfered with must have a proprietary interest/legal right in the land.

21
Q

What are the 2 defences to private nuisance?

A
  1. Prescription

2. Statutory Authority

22
Q

What is the prescription defence?

A

Where D has carried out the nuisance for 20 years, D is prescribed the right to continue that activity. It must be the same C for all 20 years.
Sturges v Bridgeman - D must have carried out the nuisance to the same C for 20 years.

23
Q

What is the Statutory Authority defence?

A

Similar to planning permission. Where authority/permission changes the nature of the locality to stop the use of land being unreasonable.
Wheeler v JJ Saunders - Planning permission gives permission to D to change the locality. If D’s use is still considered unreasonable, his actions are a nuisance.

24
Q

What are remedies?

A

How the court can rectify matter and make things better.

25
Q

What are the 3 types of remedy?

A
  1. Injunction - An order stopping D from doing something.
  2. Damages - A payment of money from D to C.
  3. Abatement - The court allows C to take action himself.