Who can be sued in private nuisance (Creator of nuisance and occupier)-FS Flashcards
(10 cards)
Who are the three potential defendants in a private nuisance claim?
A private nuisance claim may be brought against:
- The creator of the nuisance
- The occupier of the land
- The owner of the land (in limited circumstances)
Can a person be liable for nuisance even after selling the property?
Yes. A person can remain liable as the creator of the nuisance, even if they no longer own or occupy the land from which the nuisance originated.
When is an occupier liable for nuisance caused by their own acts or omissions?
An occupier is liable when the nuisance arises from positive acts or failures to act for conditions on the land that they knew or ought to have known about and failed to address.
What is the first exception where an occupier can be liable for a nuisance caused by someone else?
If a nuisance is the inevitable consequence of work by an independent contractor employed by the occupier, the occupier may be liable for that nuisance.
What principle makes an occupier liable when they hire contractors and a nuisance is foreseeable?
If the nuisance was a foreseeable and inevitable result of the contractor’s work, the occupier may be held liable, particularly if no steps were taken to mitigate the harm.
What is the second exception to the general rule protecting occupiers from liability for others’ nuisances?
An occupier will be liable if they adopt or continue a nuisance created by a trespasser, visitor, or predecessor in title.
What does it mean to “adopt or continue” a nuisance?
An occupier adopts a nuisance by using or maintaining a defective or unlawful condition created by someone else. Continuing a nuisance means failing to take reasonable action to stop it once aware.
What is the third exception that makes an occupier liable for a nuisance not caused by them directly?
An occupier may be liable for a naturally occurring nuisance if they knew or ought to have known about it and failed to take reasonable steps to prevent foreseeable harm.
When does an occupier become liable for a nuisance created by a trespasser’s installation, like a pipe?
If the occupier begins to use or benefit from the installation (e.g., a pipe), they may be held liable for adopting a nuisance once problems arise, even though they didn’t create it.
Why would an occupier be liable for flooding caused by a blocked pipe unlawfully installed by another party?
: Because by using the pipe, the occupier has adopted the nuisance created by a trespasser, making them responsible for the consequences, such as flooding or damage to neighboring land.
