nuisance Flashcards
what must c have according to Hunter v Canary Warf
a legal interest or exclusive possession of the land
who can be claimed against
anyone whose activities interferes with another’s use of their land they don’t need to be the owner or have any legal interest they can be the creator or continue it
what must the interference be
unlawful (unreasonable)
continuing and not a one off
substantial
balancing exercise
consideration of a series of factors the courts will balance the interests of c against those of D
Bramford v Turnley quote
rule of give and take live and let live
sturges v Bridgeman (f)
nuisance in one area may not be in another
Robinson v Kilvert (f)
no nuisance if c makes sensitive use of the land
Crown River cruises v Kimbolton Fireworks f
the longer the duration the more likely nuisance will be unreasonable
Dennis v Mod f
whether nuisance has social utility
Christie v Davey f
if the interference has been caused out of malice it’s likely unreasonable
Leaky v National trust f
where there is damage to land the factors are not considered and damage must be RF
there are two main defences what are they
statutory authority where an act of parliament my authorise an nuisance
prescription nuisance has been carried on for 20 yrs without objection and c has known
allen v gulf oil
statutory authority where an act of parliament may authorise a nuisance
sturges v bridgeman
prescription c has known ab nuisance for 20 yrs and not objected
what are the 3 possible remedies
complete or partial injunction
damages in lieu of an injunction
abatement is possible but not legally forced
