Private Nusiance Flashcards
(14 cards)
What is the definition of private nuisance?
An unlawful indirect interference with a person’s use or enjoyment of land coming from neighbouring land.
Is all interference a nuisance?
No – only unreasonable interferences are considered a nuisance.
Is private nuisance about personal injury?
No – it focuses on damage or loss of amenity to land, not personal injury.
Who can sue in private nuisance?
Anyone with a legal interest in the land (e.g., owner or tenant).
Hunter v Canary Wharf and Malone v Laskey: No claim without proprietary interest. ECHR Article 8: May support a claim even without ownership.
Who can be sued in private nuisance?
The creator of the nuisance, the occupier/owner who adopted or continued the nuisance, and if nuisance arises from natural causes, the occupier is liable if they knew and did nothing.
What are the 3 elements of nuisance?
a) Unlawful (unreasonable) use of land
b) Leading to indirect interference
c) With claimant’s use or enjoyment of land
What makes land use unreasonable?
Interference must go beyond what’s lawful. Courts balance rights.
Factors for reasonableness include locality, duration, time of day, malice, hypersensitivity, and social utility.
What is substantial indirect interference?
Must exceed trivial annoyance and is judged by what an average person would tolerate.
Can be loss of amenity (noise, smell) or physical damage (vibrations, fumes).
Can feelings be protected in private nuisance?
Yes – emotional distress can be grounds for an injunction.
What must the interference affect in private nuisance?
Use or enjoyment of land – not just convenience.
What is the ‘but for’ test in causation?
But for test: Davies v Bridgend [2024].
What must loss be in terms of foreseeability?
Loss must be reasonably foreseeable.
What are the defences to private nuisance?
Prescription, acts of a stranger, statutory authority, moving to the nuisance, and volenti.
What are the remedies in private nuisance?
Injunctions and damages.
Injunctions can be partial and not always granted if damages are more suitable.
