Private Nuisance Flashcards
(12 cards)
Where’s nuisance defined
By common law as an indirect substantial and unlawful interference with a persons land and ordinary use of land
Elements of the Tort
- C must be able to sue D
- Indirect interference
- Inference with cs common and ordinary use of land
- The interference must be substantial
- The interference must be unlawful
Hunter v Canary Wharf
To be able to sue in nuisance, c must have a property interest/ legal right in the land being affected
Tetty v chitty
Tells us who can be sued
1. The creator of the nuisance
2. The occupier of the land creating the nuisance
3. The owner of the land creating the nuisance
Examples of different types of nuisance
Sedleigh denfeild v o Callaghan- physical damage
Christie v Davey - non physical discomfort
Wheeler v Saunders - bad smells
Leakey v national trust- the failure to prevent it is not enough for interference
Network rail infrastructure v morris
D is not affecting the common and ordinary use of land
Ag v doughty
Blocking a view is not interfering with the ordinary and common use of land
Hunter v Canary Wharf
Disrupting tv is not interfering with the common and ordinary use of land
Halsey v esso petroleum
Shows us
1. Physical damage is always considered to be substantial interference
2. Non physical damage will only be considered interference if it makes it physically unpleasant to be on the land
Fearn v Tate gallery
To be an unlawful interference ds use of land must be beyond what is common and ordinary
Examples of beyond common and ordinary
Sturges v bridgeman- example of locality
Halsey v esso petroleum- example of duration
Crown river cruise- even a temporary interference can go beyond ordinary if the interference is severe
Christie v davey- example of malice
What are the 2 defences and there cases
Sturges v bridgeman- prescription
Wheeler v Saunders- planning permission
