Nuisance

Question 1

Where is nuisance contained

Answer 1

Common law

Question 2

Who defined nuisance and what did they define it as

Answer 2

Professor winfield- an unlawful and indirect interference with the use and enjoyment of land coming from neighbouring land

Question 3

Does the occupier have to be the cause of the nuisance

Answer 3

No

Question 4

What must the claimant have in order to make a claim

Answer 4

Interest in the land (be an occupier or tenant)

Question 5

What are the 3 criteria that need to be proven for nuisance

Answer 5

1. There was an unreasonable use of land
2. Leading to indirect interference
3. With the C’s use or enjoyment of land

Question 6

To what extent must the use of land be unreasonable

Answer 6

So unreasonable that its no longer lawful

Question 7

What are the 7 factors to determine in the use of land is reasonable or not

Answer 7

• locality
• duration/intensity of the interference
• timing of the interference
• sensitivity of the C
• motive of the D
• social benefit of the activity
• nature of the activity

Question 8

For locality what 2 cases were used and what was said

Answer 8

Fearne v Tate gallery- if use of land consistent with characteristics of area there is no claim
Sturges v Bridgman- what would be nuisance in one area is not necessary a nuisance in another

Question 9

Explain duration/intensity of interference and use a case

Answer 9

Longer the duration- more likely it’s unreasonable
Time and repetition are considered
(Crown river cruise v kimbloton fireworks)

Question 10

Explain timing of interference as a factor

Answer 10

Occurs at night- higher chance of being unreasonable (court are able to impose an injunction)

Question 11

Explain sensitivity of the C and use a case

Answer 11

Pusey v Somerset- there must be a real interference with the comfort and convenience of living according to the standard of an average person

Question 12

Explain motive of the D, use a case

Answer 12

If the d is using the land with the purpose of causing harm- more likely to be unreasonable (Hollywood silver fox farm v emmett)

Question 13

Explain social benefit of the activity and use a case

Answer 13

The courts can still find that the activity amount to a nuisance even if providing employment/amenity/benefit to society but courts may refuse to impose injunction (miller v Jackson)

Question 14

Explain nature of activity

Answer 14

If activity carries significant danger- more likely to be unreasonable, courts will see if D had any alternative options to conduct activity to avoid the nuisance

Question 15

What are the 2 types of main indirect interferences

Answer 15

Loss of amenity
Physical damage to land

Question 16

Explain loss of amenity

Answer 16

The C can’t enjoy land as D’s activity indirectly interfered e.g. noise/ fumes

Question 17

Explain physical damage

Answer 17

D’s activity caused physical damage to C’s land e.g. vibrations/smoke

Question 18

what else can amount to an indirect interference

Answer 18

Encroachment onto C’s land e.g. overhanging branches

Question 19

Explain element 3- use and enjoyment of land, use a case

Answer 19

C’s use of land must be interfered with (hunter v canary warf)

Question 20

What are the 2 defences for nuisance

Answer 20

• prescription
• statutory authority

Question 21

explain the defence of prescription and use a case

Answer 21

A claim that the activity has been continuing as a nuisance for 20 plus years with no complaint (sturges v Bridgman)

Question 22

Explain the defence of statutory authority and use a case

Answer 22

A claim that they have legal authority to carry out activity e.g. statute or planning permission (Coventry v Lawrence- planning permission not automatically make activity lawful)

Question 23

What are the remedies for nuisance

Answer 23

• damages
• injunction

Question 24

What is the most used remedies and what case speaks about this

Answer 24

Injunctions (Coventry v Lawrence- its open to the D to argue that damages would be the suitable alternative)

Question 25

What case established the 3 criteria to be proven for nuisance

Answer 25

Sedleigh denfield v Callaghan