Nuisance

Question 0

There are a number of ways in which a person can interfere with another’s land. These include:

Answer 0

A) tree roots and branches growing on one person’s land which interferes with the property of a neighbour
B) interference with support for land or buildings
C) watercourse, drains or gutters
D) dust and other emissions on to a neighbours land
E) noise
F) escape of balls from sporting venues

Question 1

The common law states that a tort of private nuisance arises when…

Answer 1

A person interferes with another person’s use and enjoyment of their land, and such interference is substantial and unreasonable.

Question 2

The factors used in determining what is unreasonable and substantial are:

Answer 2

• The nature of the interference intensity of the interference
• The duration or frequency of the interference
• The Intensity of the interference
• The nature of the locality
• the motivation of the person responsible for the interference

Question 3

Remedies for private nuisance include:

Answer 3

An injunction - an order of the court restraining a person from committing/emitting a wrongful act.

An abatement - this is a declaration by the court ordering the defendant to reduce the activity causing the nuisance.

Damages - the court will award monetary damages for any loss suffered as a result of the nuisance.