Nuisance

Question 1

Nuisance definition

Answer 1

An unlawful indirect interference with a person’s use or enjoyment of land

Question 2

Three types of nuisance

Answer 2

Encroachment (eg tree roots)
Physical injury to a neighbours land
Interference with a neighbour’s enjoyment their own land

Question 3

Identify who the claimant can be

Answer 3

Someone with a proprietary interest in the land
Cases:
Malone v Laskey- cistern fell on woman. Was merely a tenant so no interest.
Hunter v Canary Wharf- disrupted tv signals. Only claimants with an interest in the land could claim, not family members.

Question 4

Who can the defendant be?

Answer 4

The creator of the nuisance
The occupier of the land
The owner of the land

Question 5

Creator of the nuisance

Answer 5

Esso Petroleum v Southport Corporation
D released oil from a tanker into an estuary. The oil drifted onto the claimant’s land causing physical damage. D liable as the nuisance affected the enjoyment of the claimant’s land

Question 6

The occupier of the land (who adopted the nuisance)

Answer 6

Sedliegh Denfield v O’Callaghan
Monks occupied land where a pipe had been laid. There was an issue with the pipe which caused flooding. The D’s (monks) knew about the pipe. They were liable as they allowed the nuisance to continue even though they weren’t the ones who caused it.

Question 7

The owner of the land (who authorised the nuisance)

Answer 7

Tetley v Chitty
Council allowed go kart club to use their land as a race track. Nearby residents bought action. D (council) liable as they knew there would be noise when they authorised.