Nuisnace Flashcards
(20 cards)
What is a private nuisance?
A private nuisance is an unlawful interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way.
What must the claimant (C) show to succeed in a private nuisance claim?
C must show: 1) The parties are the right people, 2) There is an interference, 3) The interference is sufficiently serious to be unlawful.
Who can be a claimant in a private nuisance case?
The claimant must have a legal interest in the affected land, such as an owner or tenant.
Example: Hunter v Canary Wharf [1997] - interference with TV reception.
Who can be a defendant in a private nuisance case?
The defendant is the creator of the nuisance, which can include the property owner or landlord.
Examples: Tetley v Chitty [1986] - go-kart club caused noise; Cocking & Another v Eacott & Another [2016] - barking dog.
What types of interference are covered by private nuisance claims?
Claims cover two types of interference: 1) Physical damage, 2) Loss of amenity/enjoyment.
What does physical damage in private nuisance entail?
Physical damage includes damage to land, plants, crops, or goods stored on the land, but does not include personal injury.
What is loss of amenity in the context of private nuisance?
Loss of amenity occurs when C’s ability to enjoy his land is restricted by D’s activities, such as excessive noise or unpleasant smells.
What is the function of private nuisance?
To balance the conflicting interests of neighbours.
What factors does the court consider to determine unlawful interference in private nuisance?
Locality, Duration, Degree of interference, Sensitivity, Reasons for D’s activity, Motive behind D’s activity.
How does locality affect private nuisance?
A wider range of activities are acceptable in industrial zones than in residential areas.
Example: Barr v Biffa - smell from landfill site affected local residents.
What is the significance of duration in private nuisance?
The more often something happens, the more likely it is to be a nuisance, but a single event can also amount to nuisance.
Example: Crown River Cruises v Kimbolton Fireworks - firework display.
How does the degree of interference impact the determination of nuisance?
The more serious the interference, the more likely it is to be a nuisance; physical damage can make small nuisances actionable.
Example: Murdoch v Glacier Metal - low level constant noise.
What is the role of sensitivity in private nuisance cases?
If C uses property for an extra-sensitive use, he cannot sue if a reasonable use would not need protection.
Example: Bridlington Relay v Yorkshire Electricity - overhead power cables.
How does the reason for D’s activity affect private nuisance?
The usefulness to society of D’s conduct can influence whether it is reasonable for C to endure it.
Example: Dennis v Ministry of Defence - RAF jets flying overhead.
What impact does D’s motive have on private nuisance?
If D acts with malice to annoy C, it can make an otherwise lawful act a nuisance.
Example: Christie v Davey - piano and singing lessons.
What is a defence of statutory authority in private nuisance?
When an act of parliament allows a nuisance
Allen v Gulf Oil [1981],
Marcic v Thames Water Utilities [2004] HL.
What is the defence of prescription in private nuisance?
This means that D’s activities become lawful because he has been carrying them out for at least the last twenty years without objection.
The activity must have amounted to a nuisance for at least that long.
What is an injunction in the context of private nuisance?
When the court prohibits or restricts an activity, an injunction won’t be ordered if the act has social utility
Examples: Miller v Jackson [1977], Kennaway v Thompson [1981] CA.
What are damages in private nuisance?
Damages awarded equal to the loss in value to the land
Examples: The Wagon Mound [1966] PC, Hunter v Canary Wharf [1997]
What is abatement in private nuisance?
Gives C the right to take reasonable steps to deal with the nuisance himself
