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SAR 310 > Nuisance > Flashcards

Nuisance Flashcards

1
Q

Define “nuisance”.

A

Person or a thing causing an inconvenience or annoyance.

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2
Q

Briefly discuss neighbour law.

A
  • Governs rights and responsibilities of property owners with regards to their
    interactions with other property owners (neighbours).
  • Focuses on ensuring that one’s use of property doesn’t unreasonably interfere
    with neighbour’s ability to enjoy their own property.
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3
Q

When does a nuisance occur?

A
  • When one person’s activities causes effects that cross property boundaries.
  • Interferes with another person right to use and enjoy their property.
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4
Q

When does interference become unlawful?

Nuisance causing annoyance or discomfort.

A
  • Abnormal use of property.
  • Exceeds what can reasonably be expected to be tolerated in nature, scope, or level.
  • Causes significant discomfort or harm beyond reasonable levels.
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5
Q

Who has locus standi regarding a nuisance causing annoyance or discomfort?

Nuisance causing annoyance or discomfort.

A
  • Owners with limited real rights (servitudes).
  • Persons with personal rights (tenants).
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6
Q

What remedies are available?

Nuisance causing annoyance or discomfort.

A

Mandatory or prohibitory interdict.

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7
Q

Discuss the purpose of the interdict.

Nuisance causing annoyance or discomfort.

A
  • To prevent respondent from continuing action that would cause nuisance.
  • To compel respondent to take measures to prevent an imminent nuisance.
  • To compel respondent to stop ongoing action causing nuisance.
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8
Q

What are the requirements for a final interdict?

Nuisance causing annoyance or discomfort.

A
  • There must be a clear right.
  • Clear right must be infringed.
  • No other remedy is applicable.
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9
Q

What are the requirements for a interim interdict?

Nuisance causing annoyance or discomfort.

A
  • Balance of Convenience.
  • Objective Test.
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10
Q

What factors are considered in determining reasonableness?

Nuisance causing annoyance or discomfort.

A
  • Feasability of abating the nuisance.
  • Seriousness of probable effect of not removing the nuisance.
  • Relative weight of parties interests.
  • Customary use of property.
  • Locality and physical features.
  • Prevailing social and economic conditions.
  • Public interest.
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11
Q

Reasonableness of nuisance is determined contextually, considering
which factors?

Nuisance causing annoyance or discomfort.

A
  • Suitability of use.
  • Extent, duration, and timing of interference.
  • Sensitivity of the applicant.
  • Nature of the property and locality.
  • Possibility of practical or economic feasability of preventing, mitigating, or terminating.
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12
Q

Briefly discuss the principles of nuisance law.

Nuisance causing annoyance or discomfort.

A
  • Nuisance law balances mutual and eciprocal rights and obligations among
    property owners.
  • Each owner is expected to use their land reasonably, and accept reasonable levels of disturbances from neighbours.
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13
Q

Discuss “abuse of right”.

Nuisance causing annoyance or discomfort.

A

Refers to situations where owner’s normal and lawful use of their land
becomes unlawful due to intention behind the action.

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14
Q

Which factors are considered regarding abuse of right?

Nuisance causing annoyance or discomfort.

A
  • Spite or malicious intent.
  • Unreasonableness.
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15
Q

Discuss spite or malicious intent.

Nuisance causing annoyance or discomfort.

A
  • If owner uses their property in way that is primarily intended to cause harm to
    a neighbour, this can constitute abuse of their rights.
  • Kirsch and Gien highlight that while spite and malicious intent are important factors, ultimate determination hinges on whether actions are unreasonable based on an
    objective standard.
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16
Q

Courts may exhibit some sympathy towards defendants under certain
circumstances, particularly through application of the locality principle, discuss the locality principle.

Nuisance causing annoyance or discomfort.

A
  • Locality principle suggests that property owners and occupiers cannot expect higher level of comfort than what is customary in their specific context.
  • This means that what might be considered nuisance in one area may not be deemed so in another, depending on the nature of locality.
17
Q

Provide an example of the application of the locality principle.

Nuisance causing annoyance or discomfort.

A

Laskey case.

  • Plaintiffs moved to residential area near a nightclub.
  • Court acknowledged plaintiffs’ complaints about noise but also considered urban context and expected level of noise in such a setting.
  • Locality principle was used to argue that some noise was to be expected in vibrant urban area.
18
Q

Discuss compensation for damage to property.

Nuisance causing damage or personal injury.

A

When neighbour’s abnormal and unreasonable use of their property causes actual patrimonial loss or damage to another’s property, the affected party can
claim compensation under certain conditions.

19
Q

Discuss the abnormal and unreasonable use characteristic.

Nuisance causing damage or personal injury.

A
  • Compensation is applicable when nuisance is both abnormal and unreasonable, causing significant property damage.
  • Minor losses or expenses that can be easily rectified do not qualify for compensation according to Malherbe and Vogel.
20
Q

What is the test for reasonableness?

Nuisance causing damage or personal injury.

A
  • Nuisance must be unreasonable and exceed what is normally tolerable.
  • Property must have suffered real, tangible damage.
  • Level of damage must be significant.
  • Must be considered whether nuisance could have been feasibly stopped or prevented.
21
Q

What can be claimed?

Nuisance causing damage or personal injury.

A
  • Preventative or mitigative expenses.
  • Actual loss.
  • Depreciation.
22
Q

Discuss compensation for personal injury.

Nuisance causing damage or personal injury.

A
  • Compensation cannot be claimed for mere irritation or discomfort according to Gien.
  • Actio Iniurriarum is the legal action is used when nuisance infringes on person’s personality rights, specifically their personal integrity and health.
  • Action for pain and suffering can be used for psychological injuries caused by the nuisance.

SAR 310 (4 decks)

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