Nuisance- unreasonable use of land Flashcards
What case for the intro of unreasonable use of land?
Southwark LBC V Mills
Intro for use of land?
-Tries to balance conflicting interests between the D and C
-Behaviour that goes beyond the bounds of normal behaviour
Southwark LBC V Mills
-everyday noise cannot be considered an unreasonable use of land.
What 6 factors are taken into account when considering an unreasonable use of land?
-Locality
-Duration
-Seriousness
-Abnormal sensitivity
-Malice shown by either party
-State of the D’s land
-labrador dogs smile at me sweetly
Acronym for the 6 factors of an unreasonable use of land?
Labrador dogs smile at me sweetly
What is meant by abnormal sensitivity?
-C engaged in activities that are hyper sensitive.
-Damage caused by normal activity
Cases for abnormal sensitivity?
Robinson V Kilvert
McKinnon Industries V Walker
Robinson V Kilvert
F:Special paper damaged by warm neighbours
O: Unreasonable- normal paper would be fine.
McKinnon Industries V Walker
F: fumes damaged abnormally sensitive orchids
O: Successful- general damage too.
What is meant by locality?
-Where is it?
-Living in country/city
-Characteristics of neighbourhood.
-Residential/ commerical
Locality cases?
St Helens V Smelting Co tipping
Sturges V Bridgeman
Sturges V Bridgeman?
What may be a nuisance in one area may not be a nuisance in another
St Helens V Smelting Co Flipping
- Cooper smelting even in an industrial estate can be deemed a nuisance if it causes physical damage (more likely to succeed with physical damage).
What us meant by duration?
-To be actionable the nuisance must be continuous.
Duration cases?
-Bolton V stone
-Spicer V Smee
-Royal Hotel V Spicer bros
-Crown River Crusises V Kimbolton Fireworks LTD.
Bolton V Stone?
no liability in nuisance, ball only escaped 6 times in 28 years.
Spicer V Smee?
-An isolated incident can be a nuisance if it arises from a continuous state of affairs.
(faulty wiring that caused fire to spread to neighbours home).
De Keysers Royal Hotel V Spicer bros.
F: building work at night interrupted C’s sleep
O: Injuntion.
Crown River Cruises V Kimberton Fireworks LTD
Firework display lasting 20 mins a nuisance when sparks set fire to a barge.
What is meant by malice shown by either party?
Deliberate and harmful acts will be ordinarily deemed to be a nuisance.
Cases for malice shown by either party?
-Christie V Davey
-Hollywood Silver Fox Farm ltd V Emmett
Christie V Davey
F: loud noise from music lesson -banged on walls, beat trays, shouted
O: injunction against the C.
Hollywood Silver Fox farm LTD V Emmett
F: Mink farm, shots, mink eat young.
O: shots fired to cause harm- unreasonable.
What is meant by seriousness of the interreference?
-Distinction between discomfort and physical damage
-Actual physical damage- claim succeeds.
What case for seriousness of the interference?
Miller V Jackson
Miller V Jackson
F: cricket ball house case
O: No injunction- activity in a public interest.
What is meant by state of the defendants land?
D cannot simply ignore nuisances that arise on their land.
Cases for state of the defendants land?
-Leakey V National Trust
-Bradburn V Lindsay
Leakey V National Trust
D’s were liable when a large mound subsided damaged the C’s cottage.
Bradburn V Lindsay
Dry rot spread onto neighbouring property- liable.
