Nuisance Flashcards
What is the definition of nuisance?
An unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it.
Winfield set out what?
Definition of nuisance
What are examples of nuisance?
Noise, smell and fumes
What are the three elements of nuisance?
Unreasonable/unlawful use of land
Indirect interference
Impacts Cs use/enjoyment of land
Who can make a claim in nuisance?
Someone who proprietary/legal right in the property
Tetley v Chitty states what?
Defendant either creates or authorises nuisance
Who is the defendant in a nuisance claim?
Defendant either creates or authorises nuisance
What are the unlawful use of land factors?
Duration
Time of day
Locality
Sensitivity of the claimant
Malice
Public benefit
What unlawful use of land factor always applies in a successful nuisance claim?
Duration
What will the court hold when the claimant is overly sensitive?
Their sensitivity will not be taken into account when assessing if D is using their land unlawfully
Bolton v Stone applies to what unlawful use of land factor?
Duration
Sturges v Bridgman applies to what unlawful use of land factor?
Locality
Robinson v Kilvert applies to what unlawful use of land factor?
Sensitivity of the claimant
Christie v Davey applies to what unlawful use of land factor?
Malice
Miller v Jackson applies to what unlawful use of land factor?
Public Benefit
What are examples of indirect interference?
Fumes; vibrations; loud noises; smuts from a factory; fire; pollution from rivers
What are the two types of damage (use/enjoyment of land)
Actual and intangible damage
What is actual damage?
Damage to property
What is intangible damage?
Impacts use or enjoyment of land e.g. not being able to open windows
St Helens Smelting v Tipping applies to what?
Actual damage
Hunter v Canary Wharf applies to what?
Intangible damage
What are the five defences to a nuisance claim?
Statutory authority
Planning permission
Coming to the nuisance
Acts of a stranger
Prescription
Hammersmith Railway v Brand applies to what defence?
Statutory authority
Coventry v Lawrence applies to what defence?
Planning permission
Bliss v Hall applies to what defence?
Coming to the nuisance
Sturges v Bridgman applies to what defence?
Prescription
Explain the defence of Statutory authority
When the nuisance is authorities by an Act of Parliament
Explain the defence of Coming to the nuisance
This cannot be a defence to a nuisance claim
Explain the defence of Prescription
Where the nuisance has occurred for 20 years without complaint - time starts when the claimant notices the nuisance
Remedies for a nuisance claim
Injunction or damages
What is an injunction?
A court order banning the defendant from doing something either entirely or during certain times
Kennaway v Thompson applies to what remedy?
Injunction
