Escape Of Dangerous Things

Question 1

Define private nuisance

Answer 1

A tort claim where someone’s use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour

Question 2

What are the two main types of private nuisance

Answer 2

Loss of amenity via noise, smell or smoke

Material damage nuisance when a dangerous state of affairs on Ds land causes significant physical damage to CS land

Question 3

Can you be liable if you ‘adopt’ the nuisance as a new occupier even if the previous one or a trespasser started it

Answer 3

Yep Sedleigh 1940

Question 4

Can a defender be liable if a nuisance is due to natural causes which aware of but fail to deal with

Answer 4

Yes leakey 1980

Question 5

Does the defendant have to have an interest in the land that’s causing the nuisance

Answer 5

No but claimant must

Question 6

What does unlawful mean in private nuisance

Answer 6

Ds activity amounts to unlawful use of land, not illegal but unreasonable in way it affects claimant

Question 7

What can indirect interference count for for loss of amenity

Answer 7

Fumes drifting over neighbouring land
Smell from farm animals
Noise ie kids playground

Question 8

Indirect interference for material damage?

Answer 8

Vibrations from industrial machinery 
Hot air from other premises 
Oily chimney smuts 
Fire
Cricket balls being hit into a garden

Question 9

Can some types of interference not be claimed for

Answer 9

Yes like can’t protect a right of view around a country side of a right to light, as well as tv reception inference Hunter 1997

Question 10

Can you claim for emotional distress in interference

Answer 10

Yes costaki 1956 or Laws 1981

Question 11

What are the factors of reasonableness

Answer 11

Locality: use of land area is situated
Duration of interference: one off or regular occurrence? However an event that was 20 mins long was okay for nuisance Kimbolton 1996
Sensitivity of claimant: if C really sensitive may not be a nuisance Robinson 1889 but law moving to more of a foreseeability test now Morris 2004
Malice: deliberately harmful may be enough for nuisance (emmett 1936/Davey 1893)
Social benefit: benefit to community then actions may be reasonable Miller 1977

Question 12

Defences to private nuisance

Answer 12

Prescription: ie going for twenty years and no complaint then D may have a prescriptive case, right to continue Sturges 1879
Consent
Moving to nuisance: not a defence
Statutory authority: if activity regulated by a statute then has a defence Allen 1981, local planning permission can count Medway 1993, if planning perm doesn’t change neighbour character then no defence Wheeler 1996

Question 13

What does Coventry 2014 tell us about defences to private nuisance

Answer 13

Where a claimant builds on his or her own property or changes the use of the property after starting the activity complained about then defence of nuisance may fail
And
Damages may be considered as a remedy more often in nuisance cases especially where planning permission has been awarded to d for use of his or her land or where public interest is involved I.e losing jobs if injunction involved