Private Nuisance Flashcards
(48 cards)
What is the definition of Private Nuisance?
An indirect, substantial, and unlawful interference with a persons ordinary use or enjoyment of land
This definition outlines the key characteristics that constitute a private nuisance claim.
What are the five elements required to establish a private nuisance claim?
- C. is able to sue D. (both parties eligible)
- Indirect interference
- Interference is with C.’s common/ordinary use of land
- Interference must be substantial
- Interference must be unlawful
Each element must be proven for a successful claim of private nuisance.
What 2 cases are needed to prove the first element of P.N.
Hunter v Canary Wharf
Tetley v Chitty
H v CW - who can sue?
T v C - who can be sued?
What is the legal principle for Hunter v Canary Wharf?
C. must have proprietary interest/legal right in the land that is being affected
Who cannot sue according to Hunter v Canary Wharf?
People who happen to be on land at the time can’t sue
This emphasizes that only those with a proprietary interest can bring a claim.
What does Tetley v Chitty imply about who can be sued for private nuisance?
- creator of the nuisance
- person who occupies land
- owner of land
It clarifies the responsibilities of those who manage or occupy land in relation to nuisance claims.
What are the cases to prove the second element of P.N.? What type of dmg can be caused
Either physical or non-physical:
PHYS -> Sedleigh Denfield v O’Callaghan - flooding causing dmg to C property
NON PHYS -> Christie v Davey - loud noise
Wheeler v Saunders - bad smells
Continuing interference - Leakey v National Trust
What is a continuing interference?
When a natural hazard develops and defendant fails to take precautions to stop it from interfering with others’ land
Leakey v National Trust
Cases for 2nd element
Sedleigh-Denfield v O’Callaghan } Phys dmg
Christie v Davey, Wheeler v Saunders } Non-phys dmg
Leakey v National Trust } C.I.
What is the case for bad smells in P.N.
Wheeler v Saunders
What is the case for loud noises in P.N.?
Christie v Davey
What is the 3rd element of P.N.
Is D. affecting C.’s common and ordinary use of the land?
What is sensitivity of C.’s use?
Has C. only suffered due to some abnormal sensitivity of their use of would it have affected other people in the same way?
What case is used to establish sensitivity?
NRI v Morris (electric guitars)
-C. abnormally sensitive
Why can C. not sue due to recreational activities?
The thing being affected is merely a fun thing to do on the land, and is not the fundamental use of it
What 2 cases discuss recreational activities in P.N.?
AG v Doughty - view = a thing of delight, blocking it ≠ P.N.
Hunter v Canary Wharf - watching TV ≠ main use of the land
What is the 4th element of P.N.
Case?
Interference must be substantial
Halsey v Esso Petroleum
What type of damage was observed in Halsey v Esso Petroleum?
Both physical and non-physical damage
What is an example of physical damage mentioned in Halsey v Esso Petroleum?
Paintwork peeling on car
What are examples of non-physical damage in Halsey v Esso Petroleum?
Smell, noise
What qualifies as substantial physical damage?
ANY type of physical damage
What must non-physical damage do to be considered substantial?
Must make it physically unpleasant to live on land
Fill in the blank: In Halsey v Esso Petroleum, substantial interference includes _______.
[physical damage]
True or False: Non-physical damage can be considered substantial without affecting the physical living conditions.
False
