private nuisance- tort law

Question 1

what is it?

Answer 1

. concerns neighbours + their competing claims of people to do as they wish on their own land
. affects neighbour’s ability to enjoy their land

Question 2

who can claim?

Answer 2

. the C must have an interest in the land affected
- includes being the owner or the tenant but not a member of the owner’s family

Question 3

Hunter v Canary Wharf 1997

Answer 3

. construction of Canary Wharf blocked TV signals
. HoL decided the interference with TV reception was not a nuisance- partly because other forms of signal (cable + satellite) were available
. only those Cs with an interest in land + not members of families were able to bring a claim

Question 4

what does a nuisance depend on?

Answer 4

. the particular activity
. the location
. unlawful use of land- unreasonable

Question 5

activities that have been held to amount to a private nuisance

Answer 5

. fumes drifting over neighbouring land
.