Private Nuisance Flashcards
(20 cards)
What is the core definition of private nuisance?
A. Any continuous activity causing substantial and unreasonable interference with a claimant’s use or enjoyment of land
B. Any direct physical entry onto another’s property
C. A one-off event regardless of duration
D. Only interference with a public right of way
A. Any continuous activity causing substantial and unreasonable interference with a claimant’s use or enjoyment of land.
Explanation: Private nuisance protects a landowner’s right to enjoy their land from intangible interferences such as noise or smells
Which of the following is NOT an element of private nuisance?
A. Indirect interference
B. Recognised damage
C. Continuous (or recurrent) interference
D. Creation of a dangerous non-natural use of land
D. Creation of a dangerous non-natural use of land.
Explanation: That element belongs to Rylands v Fletcher, not private nuisance, which focuses on unreasonableness of indirect interferences
Which qualifies as “indirect interference” in private nuisance?
A. Sounds, smells, fumes, or vibrations emanating from the defendant’s land
B. Direct entry onto the claimant’s land
C. Trespass by a person
D. Negligent driving on a public road
A. Sounds, smells, fumes, or vibrations emanating from the defendant’s land.
Explanation: Nuisance deals with intangible intrusions, not direct physical entries
What constitutes “recognised damage” in private nuisance?
A. Pure economic loss only
B. Physical damage to property or sensible personal discomfort (amenity loss)
C. Personal injury without property damage
D. Nominal damages only
B. Physical damage to property or sensible personal discomfort (amenity loss).
Explanation: A claimant can recover for actual property damage or for material interference with ordinary comfort
Which is an exception allowing a one-off event to found private nuisance?
A. Any escape of fire or water
B. A single incident caused by an ongoing state of affairs known to the defendant
C. Broadcast media reports of the nuisance
D. Use of land for agricultural purposes
B. A single incident caused by an ongoing state of affairs known to the defendant.
Explanation: If a continuous state (e.g., stored debris) causes a discrete escape, even a one-off incident can be actionable
What test determines “unlawful interference” in private nuisance?
A. Negligence of the defendant
B. Unreasonableness of the land use in all the circumstances
C. Existence of a statutory permit
D. Whether the claimant provoked the nuisance
B. Unreasonableness of the land use in all the circumstances.
Explanation: Courts balance factors like locality, duration, sensitivity, and public benefit to decide if interference is unreasonable
Floodlights from A’s house shine into B’s living room every night. B can sue A in:
A. Private nuisance for indirect interference with amenity
B. Trespass to land for light alone
C. Public nuisance for affecting the neighbourhood
D. No action—lights are intangible
A. Private nuisance for indirect interference with amenity.
Explanation: Unwanted glare causing discomfort is a classic private nuisance
A tree on D’s land drops branches that damage C’s roof. C’s claim shows:
A. Indirect interference and physical damage
B. Public nuisance only
C. Pure economic loss
D. Only trespass
A. Indirect interference and physical damage.
Explanation: Falling branches are indirect and cause property damage, meeting two elements of private nuisance
A factory emits noxious fumes; C builds a greenhouse whose delicate plants die. C’s claim fails due to:
A. Abnormal sensitivity—loss exceeds what an ordinary user would suffer
B. Reverse sensitivity—C moved to an industrial area
C. Public benefit of the factory
D. Statutory authority
A. Abnormal sensitivity—loss exceeds what an ordinary user would suffer.
Explanation: A claimant’s special use (exotic plants) creates losses beyond ordinary discomfort and is not recoverable
D’s nightclub has operated for 16 years before C complains of noise. Which principle applies?
A. Prescription—20 years’ uninterrupted nuisance bars claim
B. Moving to the nuisance—C chose to live here
C. Eventual public benefit
D. Licence implied by long acquiescence
A. Prescription—20 years’ uninterrupted nuisance bars claim.
Explanation: If C could have brought an action throughout 20 years but did not, the claim is barred by prescription
C invites D’s contractor onto D’s land; the contractor’s work causes dust interfering with C’s business. C sues D in private nuisance. Is D liable?
A. No—contractor is independent
B. Yes—occupier liable for inevitable nuisance by contractors
C. Yes—but only for public nuisance
D. No—only trespass applies
B. Yes—occupier liable for inevitable nuisance by contractors.
Explanation: If an invited contractor’s work predictably creates nuisance, the occupier remains responsible
A local authority seeks to stop persistent noise from D’s premises. The authority can obtain:
A. Damages only
B. Injunction only
C. Both damages and injunction
D. Criminal penalties only
B. Injunction only.
Explanation: Local authorities may seek injunctions in private nuisance but cannot claim damages
Which factor is NOT considered in the unreasonableness test for private nuisance?
A. Duration and timing of the interference
B. Locality and character of the neighbourhood
C. Public benefit of the defendant’s activity
D. Claimant’s personal taste in property décor
D. Claimant’s personal taste in property décor.
Explanation: Courts consider objective factors—duration, locality, and public interest—not subjective preferences
Does “moving to the nuisance” bar a private nuisance claim?
A. Yes—it’s a complete defence
B. Generally no—relocating doesn’t prevent claims
C. Only for public nuisance
D. Only if claimant had notice before moving
B. Generally no—relocating doesn’t prevent claims.
Explanation: Claimants cannot be penalized simply for moving near an existing nuisance
In Miller v Jackson, why did the court award damages instead of an injunction?
A. Because cricket is a public benefit and a full injunction was disproportionate
B. Because private nuisance always yields only damages
C. Because the plaintiffs had no legal interest in land
D. Because the nuisance was ephemeral
A. Because cricket is a public benefit and a full injunction was disproportionate.
Explanation: The social value of the cricket club outweighed the individual inconvenience, so damages were substituted
Which self-help remedy can a claimant use in private nuisance?
A. Apply for an injunction
B. Sue for damages
C. Abatement—enter and remove the nuisance (e.g., overhanging branches)
D. Invoke statutory authority
C. Abatement—enter and remove the nuisance (e.g., overhanging branches).
Explanation: Claimants may enter neighbouring land to remove the nuisance themselves, provided they do no more damage
What measure of damages is awarded in private nuisance?
A. Cost of abatement or diminution in value of the land
B. Expectation damages
C. Restitution of unjust enrichment
D. Punitive damages
A. Cost of abatement or diminution in value of the land.
Explanation: Damages are compensatory, assessed by actual loss—either what it would cost to abate the nuisance or the fall in market value
Can a public authority be liable in private nuisance?
A. Never—public bodies have immunity
B. Yes—if they authoritatively created or continued the nuisance without statutory defence
C. Yes—but only for public nuisance
D. No—only private individuals can be defendants
B. Yes—if they authoritatively created or continued the nuisance without statutory defence.
Explanation: Public authorities can be liable for private nuisance when exercising statutory powers improperly, unless their action is protected by statute
Who has standing to sue in private nuisance?
A. Only the owner of the land
B. The occupier or anyone with a proprietary or possessory interest
C. Any passer-by disturbed by the nuisance
D. Only those named in a statutory notice
B. The occupier or anyone with a proprietary or possessory interest.
Explanation: A private nuisance claim lies only in respect of harm to the use and enjoyment of land by its occupier or those with a legal interest
Which limitation applies to a claimant’s self-help abatement rights?
A. They may remove any object causing the nuisance, even structural fixtures
B. They may enter only as far as necessary and must avoid unnecessary damage
C. They may use force if the occupier objects
D. They may continue abatement indefinitely without remedy
B. They may enter only as far as necessary and must avoid unnecessary damage.
Explanation: Abatement allows a claimant to remove the nuisance (e.g. overhanging branches) but only to the extent needed and without breaching the peace
