Nuisance

Question 1

What is nuisance

Answer 1

an indirect, unreasonable interference with the claimants enjoyment or use of their land

Question 2

claimant and case

Answer 2

people with proprietary interest (Hunter v Canary Wharf)

Question 3

defendant and case

Answer 3

anyone who
1. causes or creates nuisance
2. adopts the nuisance
3. allows the nuisance
(Tetley v Chitty)

Question 4

indirect interference

Answer 4

something emitted from the defendants land onto the claimants. it must be a non-physical intrusion

Question 5

factors of unreasonable interference

Answer 5

locality, timing and duration, seriousness, sensitivity of the claimant, malice shown by either party

Question 6

examples of indirect interference

Answer 6

fumes drifting from a neighbouring land,
vibrations from industry machinery,
loud noises

Question 7

locality

Answer 7

what is considered a nuisance in one area might not be considered one in another (laws v florinplace)

Question 8

timing and duration of interference

Answer 8

interference must be continuous, not a one-off event (bolton v Stone)

Question 8

seriousness of interference

Answer 8

there must be a balance between what is a case of mere discomfort and inconvenience and actual damage (Halsey v Esso Petroleum co)

Question 9

sensitivity of the claimant

Answer 9

C cannot use their land in a way which is hypersensitive and hen complain about damage caused by the Ds normal and reasonable activities (Robinson v Kent)

Question 10

Malice shown by either party

Answer 10

deliberately mean or harmful acts or acts of revenge will be seen as unreasonable and likely a nuisance

Question 11

forseeability

Answer 11

asks whether a person could or should have reasonably forseen the harms that resulted from their actions

Question 12

defences to nuisance

Answer 12

prescription, statutory authority, local authority planning permission, act of a stranger