Nuisance Flashcards
What is nuisance?
Unlawful indirect and continuous interference with a persons use/enjoyment of their land from neighbouring land
Who can be a claimant in nuisance?
Hunter v Canary Wharf Proprietary interest over land
Who is the defendant?
Tetley v Chitty The occupier
What did Sedleigh Denfield v O'callaghan add?
O can be liable if aware of problem but lets it continue
What did Leakey v National Trust add?
O can be liable if aware of danger from natural cause but didn't take steps to guard against it
What are some indirect interferences?
Noisy neighbours Noise Smell Vibrations Displaying fumes/smoke Fire
What did Hunter v Canary Wharf state?
Interference must be with land not landowner TV signal not actionable
What happened in Thompson Schwab v Costaki?
Brothel in residential area was a nuisance
How does locality affect reasonableness of nuisance?
Sturges v Bridgman Area is considered for nuisance
How is duration considered for the reasonableness of nuisance?
Continuous + unreasonable hours of day
What did the Crown River Cruises case add?
Temporary incident can be nuisance
How does the sensitivity of the claimant affect the reasonableness of nuisance?
Robinson v Kilvert Normal paper wouldn't have dried
How does malice affect the reasonableness of nuisance?
Christie v Darcey Deliberately harmful act is nuisance
How does social benefit affect nuisance?
Miller v Jackson Greater benefit
How is the defence of prescription used in nuisance?
Sturges v Bridgman Nuisance must be 20+ years with no complaint
How is the defence of statutory authority used in nuisance?
Marcis v Thames Water Act of parliament excuses nuisance
What did Wheeler v Saunders state?
Planning permission doesn't excuse nuisance
What did Coventry v Lawrence state?
"Moved to nuisance" isn't a defence
What remedies are there for nuisance?
Injunction Abatement Damages
