Private Nuisance Flashcards
(16 cards)
What is the definition of private nuisance?
Unlawful indirect interference with a persons use and enjoyment of their property which has been affected by the unreasonable behaviour of a neighbour.
- CLAIMANT MUST HAVE AN INTEREST IN THE LAND
SEDLEIGH DENFIELD V O’CALLAGHAN
Failing to deal with a problem even if it was caused by a past owner or trespasser can still be liable
What are the 2 types of private nuisance?
- Loss of amenity nuisance when caused by noise, smell or smoke
- Material damage nuisance when state of affairs on neighbouring and causes damages to claimants land
LEAKEY V NATIONAL TRUST
Defendant can still be liable where the nuisance is due to natural causes and they’re aware of it but fails to deal with it
‘Unlawful interference’
- Doesn’t mean illegal however instead an unreasonable use of the land
What is an example of material damage?
- Fire
- Oily smuts from chimneys
- Hot air rising into other premises
HUNTER V CANARY WHARF LTD
A complaint about a television reception is not considered as an interference or a right to light
What must be taken into consideration when balancing competing interferences of the claimant and defendant.
Factors of reasonableness
What are the factors of reasonableness?
- Locality
- The duration of the interference
- The sensitivity of the claimant
- Malice
- Social benefits
Locality in private nuisance
- Residential areas
- Industrial
- STURGES V BRIDGMAN
Case for duration of the interference?
CROWN RIVER CRUISES LTD V KIMBOLTON FIREWORKS
- 20 minutes was a nuisance
Cases for sensitivity of the claimant?
ROBINSON V KILVERT
Case for malice in private nuisance?
CHRISTIE V DAVEY
- Music teacher, D annoyed by noise and banged on walls
Case for social benefit?
MILLER V JACKSON
- Adjoining recreation ground
Defences to private nuisance?
- PRESCRIPTION
- MOVING TO NUISANCE
- STAT AUTHORITY
