Land Torts Flashcards
Definition of private nuisance.
Unlawful interference with the claimant’s use or enjoyment of land.
What must a claimant to have to have locus standi for a claim in private nuisance? Case.
A proprietary interest - Hunter v Canary Wharf.
Who cannot make a claim in private nuisance? Case.
Wife, children etc who do not have proprietary interest - Malone v Laskey.
Which 3 people can be sued in private nuisance?
- Creator of nuisance.
- Occupier.
- Landlord.
In what 3 circumstances will an occupier be liable for nuisance they have not created? 2 cases.
- Employee - vicarious liability.
- Independent contractor if nuisance inherent in task - Matania.
- Visitor/predecessor/natural event if occupier has adopted/continued the nuisance - Sedleigh-Denfield v O’Callaghan.
In what 3 circumstances will a landlord be liable for nuisance they have not created? 2 cases.
- Nuisance existed before tenants took possesion.
- Inherent in nature of lease - Tetley v Chitty.
- Promised to fix and did not - Payne v Rogers.
Name 3 types of actionable interference. Case.
Hunter v Canary Wharf.
- Encroachment.
- Direct physical injury.
- Amenity damage.
What 2 types of interference will not be actionable? Case.
- TV signal - Hunter v Canary Wharf.
2. Interference with ‘elegant or dainty mode of living’ - Walter v Selfe.
How is ‘unlawful’ defined? Case.
Substantial and unreasonable - Sedleigh-Denfield v O’Callaghan.
Give 6 factors which will be assessed when determining if an interference is ‘unlawful’.
- Frequency and duration. 2. Excessiveness/extent of harm. 3. Abnormal sensitivity of claimant. 4. Character of neighbourhood. 5. Public benefit/utility of activity. 6. Malice of defendant.
When can a single event be deemed a frequent/enduring nuisance? Case.
When it springs from a continuing state of affairs, e.g. fire from dodgy wiring - Spicer v Smee.
What is the 2-limb test to establish excessiveness/extent of harm? Case.
Matania.
- Is it objectively excessive? (Objective).
- What is the impact on the claimant? (Subjective).
What is the 2-limb test for abnormal sensitivity? Case.
Robinson v Kilvert.
- Would the interference affect a normal person? (Objective).
- If yes, claimant can recover to full extent of harm. (Subjective).
Case regarding character of neighbourhood? How does planning permission affect this? Case.
Sturges v Bridgeman - what constitutes a nuisance depends on the area. Planning permission may change the character of the area - Gillingham v Medway Docks.
Case for malice of the defendant?
Hollywood Silver Fox Farm v Emmett.
Which case applies the normal causation rules (i.e. ‘but for’, NAI, remoteness) to private nuisance?
Cambridge Water v Eastern Leather.
What 5 defences will be valid for private nuisance? Case for 1.
- Prescription after 20 years - Sturges v Bridgeman.
- Statutory authority.
- Contributory negligence.
- Consent.
- Act of god.
Which 3 defences will not be valid for private nuisance? Cases.
- Claimant came to the nuisance - Miller v Jackson.
- Public benefit - Wheeler v Saunders.
- Planning permission - Miller v Jackson.
What 3 remedies will be available in public nuisance?
- Damages.
- Injunction.
- Abatement, i.e. self-help.
What factor may be taken into consideration when deciding whether to grant an injunction? Case.
Public benefit - Miller v Jackson.
How is trespass to land defined?
Intentional direct interference with land belonging to the claimant.
What must a claimant have to have locus standi to bring a claim for trespass to land? Case.
A right to exclusive possession - Montesanto.
Can land include reasonable airspace? Case. Example of trespass. Case.
Yes - Bernstein v Skyways. E.g. sign erected jutting into claimant’s airspace - Kelsen v Imperial Tobacco.
What must the defendant intend for his act to be ‘intentional’? Case.
He need only intend the act, not the trespass - Basely v Clarkson.
What 3 things may constitute interference for the purposes of trespass to land? Case/quotation for one.
- Entering land.
- Bringing anything into contact with land.
- Exceeding your permission - ‘bannisters’ - The Colgarth.
What are the causation rules for trespass to land?
It is actionable per se - the claimant does not need to show loss or damage.
What are the 3 defences to trespass to land?
- Consent.
- Lawful authority.
- Necessity (cf. F v West Berkshire Health Authority).
What 3 remedies are available for trespass to land?
- Damages.
- Injunction.
- Abatement, i.e. self help.
Will the character of the neighbourhood be relevant where tangible damage has been caused? Case.
No - Halsey v Esso.
Where an injunction is granted to restrain a nuisance, can it be a limited injunction? Case.
Yes - may injuct activity to within certain hours/times of day - Kennaway v Thompson.
How is ‘direct’ defined for trespass to land?
It must be a direct result of the defendant’s act; an indirect or consequential effect will not be direct. E.g. overhanging branches not direct - consequence of growing tree; but sign jutting into land is direct.
