Nuisance Flashcards
what is private nuisance?
an indirect, substantial and unlawful interference with a persons ordinary use or enjoyment of land
what are the 5 elements of nuisance?
- c must be able to sue d
- indirect interference
- interference with c’s common and ordinary use of land
- the interference must be substantial
- the interference must be unlawful
what does hunter v canary wharf say?
the person being interfered with must have a proprietary interest/legal right in the land being affected. this includes owners and tenants
who does tetley v chitty say can be sued?
- the creator of the nuisance
- the occupier of the land creating the nuisance
- the owner of the land creating the nuisance
what is the case for physical damage?
sedleigh denfield v o’callaghan
what are the 2 cases for non-physical discomfort?
- christie v davey
- wheeler v saunders
what is a continuing interference?
when a natural hazard develops and d fails to take precautions to stop it
what is the case for continuing interference?
leakey v national trust
what is the case for common and ordinary use?
network rail infrastructure v morris
what do ag v doughty and hunter v canary wharf ltd say about common and ordinary use of land?
if the thing being affected is merely a ‘thing in delight’ or recreational activity it will fail
what does halsey v esso petroleum say about damage?
that physical damage is always a substantial interference, yet non-physical discomfort will only be substantial if it makes it physically unpleasant to be on the land
what does fearn v tate gallery say about it being unlawful?
that there must be some ‘give and take’ between neighbours and that d’s use of land must go beyond what is common and ordinary
what 3 things must be considered to determine if it is unlawful?
- locality
- time/duration
- malice
what is the case for locality?
sturges v bridgman
what is the case for time?
halsey v esso petroleum
what is the case for duration?
crown river cruises v kimbolton
what is the case for malice?
christie v davey
what are the 2 defences to nuisance?
prescription and planning permission
what is the case for prescription?
sturges v bridgman
what does sturges v bridgman say?
that d can be prescribed the right to continue if his act has been a nuisance to the same c for 20 years without complaint
what is the case for planning permission?
wheeler v saunders
what does wheeler v saunders say?
it grants d a chance to change the locality of his land so it becomes common and ordinary
what are the 3 remedies for nuisance?
- injunctions
- damages
- abatement
what is an injunction?
an order to stop d (perpetual)/make d do something (partial)
what is abatement?
letting c do something to prevent the nuisance
