Nuisance And The Escape Of Dangerous Things Flashcards
1
Q
Claimant must have:
A
An interest in the land
2
Q
D must be:
A
Interfering with the enjoyment of C land
Must be acting unlawfully
3
Q
Private nuisance
A
Protects rights of occupier against interference with the enjoyment it uses of his land
Courts attempt to balance rights of landowner with neighbour
C must have an interest in the land
4
Q
Interference can be
A
Flooding
Smells
Noise
Physical damage
Etc
5
Q
Unlawful interference
A
Unreasonable use of the land by the D which leads to an unreasonable interference with the C use or enjoyment of their land
Borough of Southwark v mills
6
Q
Unlawful interference
Courts will consider:
A
Nature of locality/neighbourhood
Duration
Sensitivity
Malice
7
Q
Unlawful interference
Foreseeability
A
Must be foreseeable
Cambridge water v eastern counties leather
