Nuisance Flashcards
what is private nuisance?
a tort claim where someones enjoyment of their property is affected by the unreasonable behaviour of a neighbour
claims of people living close to another
people want to do what they like on their own lands
can become an issue when it stops neighbours enjoying their land, this is when the use of the land is unreasonable
must be UNREASONABLE
Define nuisance:
‘an unlawful indirect interference with a persons use of enjoyment of land coming from neighbouring land’
what are the two main types of nuisance
loss of amenity
material damage nuisance
what is a loss of amenity?
nuisance when cause by noise smoke or smell
what is material damage nuisance?
when a dangerous state of affairs on the defendants land causes significant physical damage to the claimants land, such as tree roots causing sidence
who are parties to an action?
anyone affected by the nuisance, they must have an interest in the land
- owner
- tenant
the person causing/ allowing the nuisance to happen can be sued
when the occupier is not responsible for creating the nuisance, they may still be liable for adopting/ failure to deal with nuisance
Tetley v Chitty
a council allowed a go-kart club to use their land for a race track, nearby residents brought an action in nuisance. the council were liable for authorising their activities.
the person causing or allowing the nuisance can be sued
Sedleigh Denfield v O’Callaghan
the ds were an order of monks who operated land where there was a ditch, the local authority (without knowledge) laid a pipe to take water away from the ditch. it had a grate to stop leaves but it became blocked. As a result, the neighbouring land became flooded. and the ds knew of the pipe, they were liable
allowing or adopting a nuisance can lead to liability for an damage caused, if they are aware of the danger
Leakey v National Trust
the defs owned land which there was a large natural mound on a hillside, there were aware that it could slip and it did slip, damaging the claimants cottage. the ds were held liable as they knew that a slippage might happen and they failed to prevent it
the defendant can still be liable for nuisance caused by natural causes.
who has an interest in the land
the defendant causing the nuisance does not have to have an interest in the land from which the nuisance is coming.
complaining neighbour (has to have an interest in the land affected)
v
neighbour who receives complaint (does not have to have an interest in the land)
LP: Hunter v Canary Wharf
what are the elements of private nuisance
- interest in the land
- unlawful
- indirect interference
- factors of reasonableness
what does unlawful mean in nuisance?
must prove that it amounts to unlawful use of the land.
this does not have to be illegal but unreasonable
the courts will try to balance conflicting interests.
fault does not have to be proved
what are the two types of indirect interference and give examples:
loss of amenity -
fumes drifting over
smell from farm animals
noise
material damage:
hot air rising
oily smut from chimneys
fire
cricket balls being hit into a garden
Hunter v Canary Wharf
lived in the docklands area of east london where the canary wharf office, they claimed that the building affected their tv reception. the HofL decided that this was not indirect interference.
1) only people with an interest in the lands could bring a claim
2) loss of amenity such as TV signal is not a nuisance
are courts willing to protect feelings of emotional distress
Thompson v Costaki
Laws v Florinplace
yes!
Thompson - Schwab v Costaki decided that running a brothel in a local area amounted to nuisance.
Laws v Florinplace Ltd - injuction awarded where a shop was converted into a shop
what are the 5 factors of reasonableness to consider?
locality
the duration of the interference
the sensibility of the claimant
social benefit
malice
What is locality? (no key case)
the character of the land needs to be considered
what is duration of the interference and the key cases(2)
was the nuisance continous and carried out at an unreasonable hour?
De Keyser Royal Hospital v Spicer Bros = interfered with the claimants sleep
Crown River Cruises v Kimbolton - short term firework display
what does the sensitivity of the claimant mean?
if the claimant is particularly sensitive it may not be a nuisance
Robinson v Kilvert - brown paper was particularly delicate
what does malice mean in private nuisance?
a deliberately harmful act
Christie v Davey = deliberate and malicious behaviour of banging trays and shouting
hollywood silver fox farm v emmett - shoot guns so animals would not breed
what is a social benefit?
if the D is providing a benefit to their community, their actions may be considered reasonable
Miller and Jackson = cricket
what are the 3 defences for nuisance?
prescription
moving to the nuisance
statutory authority
what dies prescription mean?
it is unique to PN. if the action has been carrying on for at least 20 years and there has been no complaints before now, the defendants have a prescriptive right to continue
Sturges v Bridgeman
Sturges v Bridgeman
Prescription key case
confectionary factory, vibrations,
the defence only applies to an activity that was an actional nuisance for at least 20 years
