private nuisance Flashcards
(13 cards)
what is private nuisance
interference with another persons use or enjoyment of land or rights over it
2 types of ps
nuisance causing physical damage ( prima facie unlawful)
nuisance interfering with comfort/enjoyment ( reasonable test needed) - Halsey / Esso petroleum
who can be a defendant in ps
usually occupier of land - tetley v chitty ,
who can sue in ps
someone with proper interest in the land
hunter v Canary Wharf
types of indirect interference
noise / vibrations - Sturges v Bridgman
smokes fumes - st helens smelting v tipping
types of interference not generally actionable
a view - fearn v Tate gallery
light
tv reception - hunter v canary wharf
can nuisance be used to protect neighbourhood character r stop behaviour
courts may protect against
offensive behaviour e.g brothel
devaluation of property in area
what does unlawful mean in private nuisance
unreasonable use of land
what factors determine reasonableness
locality - Sturges v Bridgman
duration - spicer v smee
sensitivity of claimant
malice
public benefit
what is the occupiers duty in nuisance
a measured duty of care based on foreseeability
holbeck hall hotel v Scarborough bc
how does human rights act relate to nuisance
nuisance claims must be balanced with rights under art 8 ( priv/family life)
Marcic v thames water
defences to ps
prescription - coventry v Lawrence
-statutory authority
- consent
- public benefit
remedies for ps
damages - Halsey v esso petrolum
injections - kennaway v Thompson
abatement - self help to remove the nuisance
