nuisance

Question 1

definition of nuisance

Answer 1

when a persons use or enjotment of their land is unlawfully interfered with by activities carried out by another person on their land
balances the competing interests of 2 landowners

Question 2

criteria 1- decide who can sue?

Answer 2

a person with a right to exclusive possession by freehold or leasehold title
not lodgers or relatives
Hunter v canary wharf

Question 3

criteria 2- decide if the d can be sued

Answer 3

sue-the creator of the nuisance
does not need to have interest in the land
thomas v national union of mineworkers

bower v peate- independant contractor not liable, land owner was
sedleigh denfield- land owner liable for adopting danger from trespasser
tetley v chitty- landlord liable for tenants nuisance for authorising activity

Question 4

acts of nature

Answer 4

if you foresee an act of nature may occur and fail to take actions you may be liable
goldman v hargrave- failed to put out fire from lightning so liable
holbeck hall- action needs to be reasonable in the circumstances

Question 5

elements of private nuisance

Answer 5

unlawful use of land
causing indirect interference
with anothers land

Question 6

criteria 3- unlawful unreasonable use of land

Answer 6

bar v biffa- unlawful based on facts of case, and what a reasonable person would deem unreasonable
fearn v board of tate gallery

Question 7

factors to consider unlawful/unreasonable use of land

Answer 7

duration
locaility
malice
claimants sensitivity

Question 8

duration

Answer 8

the longer the interference continues the more likely it is to be unreasonable
crown river cruise- fireworks set barge on fire

Question 9

locaility

Answer 9

the nature of the locality can determine reasonableness
coventry v lawrence
rural/city

Question 10

malice

Answer 10

malicious intent may be a strong indicator of an unreasonable act
christie v davey

Question 11

sensitivity of the claimant

Answer 11

unusual sensitivity may mean the d is not liable
robinson v kilvert

Question 12

criteria 4- causing indirect interference

Answer 12

the claimant must prove damage
no right to a view- AG v doughty
no right to flow of air in the absence of an easement- bland v moseley
no right to light in absence of easment- Dalton v angus

Question 13

defences

Answer 13

prescription- activities occured for 20 years with no complaints (sturges v bridgman)
statutory authority- parliament authorises activities (Allen v Gulf)
planning consent- local authority grant planning permission (gillingham v medway)

cominf to nuisance not a defence- bliss v hall
social uitlity not a defence- adams v ursell
acts of others not a defence- thorpe v brumfitt

Question 14

remedies

Answer 14

injunction- coventry v lawrence
damages- hunter v canary wharf
abatement