Nuisance Flashcards
Define nuisance ?
An unlawful indirect interference with a persons use or enjoyment of land coming from neighbouring land
What is enough to make a nuisance claim ?
The interference with the claimants land alone is sufficient to prompting legal action
What are the two types of nuisance ?
Loss of amenity
Material damage
Define loss of amenity ?
Nuisance caused by noise, smell or smoke
Define material damage ?
A dangerous state of affairs on d’s land that causes significant damage to c’s land
Who can make a claim ?
Anyone who enjoys their land,
Is affected by the interference,
And has an interest in the land (legal interests e.g. owners/tenants)
Who is the defendant ?
The person causing the interference
What are the 3 requirements of a nuisance claim ?
Unlawful
Indirect interference
Unreasonable
What is the definition of unlawful in nuisance ?
Where use of the land must unreasonably affect the claimant
What is not included in Indirect interference for nuisance ?
The right to a view of the surrounding countryside or the right to light
What case can we use to show indirect interference, & what happened in it ?
Hunter v Canary warf ltd (1997) - The claimants complained that the erection of the Canary Wharf Tower interfered with their television reception
What is the definition of unreasonable in nuisance ?
The courts must balance the interests of parties to help decide if the conduct was unreasonable
What do the courts consider when balancing the interests of both parties ?
Locality
Duration
Sensitivity of the claimant
Malice
Social benefit
What are the defences for a nuisance claim ?
Prescription
Moving to the nuisance
Statutory authority
What is meant by a prescription defence ?
If a nuisance has been occurring more than 20 years with no complaint D may have a prescriptive right to continue
