Private Nuisance

Question 1

Private Nuisance Definition

Answer 1

an unlawful indirect interference with a persons use or enjoyment of land coming from a neighbouring land

Question 2

Types of Nuisance

Answer 2

Loss of amenity - nuisance caused by noise , smell or smoke
Material damage - when a dangerous state of affairs on the defendants land causes damage to the claimants’

Question 3

Stages of Application

Answer 3

1.) Establish C and D
C - must have legal interest in lane
D- creator or occupier of nuisance ( use Tetley V Chitty )
2.) identity the interference
3.) is the interference one-time or continuous. Then explain why it needs to be continuous
4.) Define loss of amenity and material damage then which one applies
5.) Explain D is only liable if the interference is unlawful ( unreasonable )
6.) out of the 6 reasons , pick out the most relevant and use a case for each one
7.) defences
8.) conclusion with remedies / damages

Question 4

Claimant

Answer 4

Claimant requires a legal interest in the land ( owner / tenant )

Hunter V Canary Wharf

Question 5

Defendant

Answer 5

Creator of the nuisance or occupier of the location the nuisances occur

Tetley V Chitty

Question 6

Loss of Amenity

Answer 6

Nuisance caused by noise , smell , smoke and other intangible sources

Kennaway V Thompson - noise

Question 7

Material Damage

Answer 7

When a dangerous state of affairs on the defendants lane causes significant physical damage to the Claimants’ land

Question 8

Factors of unlawfulness

Answer 8

Locality
Sensitivity of the claimant
Malice
Social Benefit
Duration of the interference
Degree of interference

Question 9

Locality

Answer 9

If the Private nuisance is unreasonable to have present in that area , then D may be liable

Question 10

Sensitivity of the Claimant

Answer 10

If the Claimant is deemed to be particularly sensitive , then the action may not be successful

Question 11

Malice

Answer 11

A deliberately harmful act will be considered unlawful and unreasonable

Question 12

Social Benefit

Answer 12

If D is providing a benefit to the community , the action will usually be considered reasonable and therefore not unlawful

Question 13

Defence : Prescription

Answer 13

D may not be found liable if the “ private nuisance “ has been going on for 20 years and not yet received a complaint

Sturges V Bridges

Question 14

Defence : Statutory Authority

Answer 14

D may not be found liable if his actions are regulated / licensed by specific laws

Question 15

Defence : Act of God

Answer 15

An event that happens independently of any human action ( eg . Storm )

Nichols V Marsland