Nuisance A01 Flashcards
Nuisance
civil dispute between individuals (commonly between neighbours)
Define Nuisance
unreasonable interference with others use or enjoyment of land
What is the 3 part test
1) indirect interference of land
2) damage
3) interference is unreasonable
Who can claim (case)
Owner or occupier - Hunter v Canary Wharf
Who can be sued (case)
Creator of the nuisance
Occupier of the property
Owner (e.g: local council in Tetley v Chitty)
Interference must be
indirect (has to be on defendants land)
+
affect others use or enjoyment of their land
Interference could be
-smells
-smoke
-vibrations
-tree roots
Interference cannot be a one off… (case)
Must be continuous/ongoing - Leakey v National Trust
Hunter v Canary Wharf
no right to a view or tv reception
Damage
No requirement for physical damage
Damage can be…
Intangible - discomfort and inconvenience will be sufficient
Claim involving physical damage more likely to succeed (case)
Helens v Tipping
damage to plants by smoke - would have failed if it were not for the physical damage
Causation (case)
The normal rules of causation apply when proving damage as confirmed in Wagon Mound the damage cannot be too remote.
Unreasonable
Behaviour that goes beyond the normal bounds of reasonable behaviour
Southwark BLC v Mills
everyday noises are not unreasonable, e.g: noises in a flat
What are the 4 factors affecting unreasonableness
Abnormal sensitivity
Locality
Duration
Malice
Abnormal Sensitivity (case)
Will not be found liable if damage is due to AS
However, if there is general damage AS WELL it may succeed - Mckinnon v Walker (abnormally sensitive orchids)
Locality (case)
Won’t be liable if nuisance is due to local area e.g: urban/rural noises and smells - Sturges v Brigman
Duration
More likely to succeed if it
-lasts a long time
-occurs during reasonable hours
Duration - Crown River Cruises v Kimbolton
one off firework displays would not usually be unreasonable, but the damage in this case was
Duration - Andrea v Selfridge
Temporary building work isn’t unreasonable
Malice (case)
If the nuisance was done maliciously it is more likely to be unreasonable - Christie v Davey
