Nuisance- unreasonable use of land

Question 1

What case for the intro of unreasonable use of land?

Answer 1

Southwark LBC V Mills

Question 2

Intro for use of land?

Answer 2

-Tries to balance conflicting interests between the D and C
-Behaviour that goes beyond the bounds of normal behaviour

Question 3

Southwark LBC V Mills

Answer 3

-everyday noise cannot be considered an unreasonable use of land.

Question 4

What 6 factors are taken into account when considering an unreasonable use of land?

Answer 4

-Locality
-Duration
-Seriousness
-Abnormal sensitivity
-Malice shown by either party
-State of the D’s land

-labrador dogs smile at me sweetly

Question 5

Acronym for the 6 factors of an unreasonable use of land?

Answer 5

Labrador dogs smile at me sweetly

Question 6

What is meant by abnormal sensitivity?

Answer 6

-C engaged in activities that are hyper sensitive.
-Damage caused by normal activity

Question 7

Cases for abnormal sensitivity?

Answer 7

Robinson V Kilvert

McKinnon Industries V Walker

Question 8

Robinson V Kilvert

Answer 8

F:Special paper damaged by warm neighbours
O: Unreasonable- normal paper would be fine.

Question 9

McKinnon Industries V Walker

Answer 9

F: fumes damaged abnormally sensitive orchids
O: Successful- general damage too.

Question 10

What is meant by locality?

Answer 10

-Where is it?
-Living in country/city
-Characteristics of neighbourhood.
-Residential/ commerical

Question 11

Locality cases?

Answer 11

St Helens V Smelting Co tipping

Sturges V Bridgeman

Question 12

Sturges V Bridgeman?

Answer 12

What may be a nuisance in one area may not be a nuisance in another

Question 13

St Helens V Smelting Co Flipping

Answer 13

• Cooper smelting even in an industrial estate can be deemed a nuisance if it causes physical damage (more likely to succeed with physical damage).

Question 14

What us meant by duration?

Answer 14

-To be actionable the nuisance must be continuous.

Question 15

Duration cases?

Answer 15

-Bolton V stone
-Spicer V Smee
-Royal Hotel V Spicer bros
-Crown River Crusises V Kimbolton Fireworks LTD.

Question 16

Bolton V Stone?

Answer 16

no liability in nuisance, ball only escaped 6 times in 28 years.

Question 17

Spicer V Smee?

Answer 17

-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).

Question 18

De Keysers Royal Hotel V Spicer bros.

Answer 18

F: building work at night interrupted C’s sleep
O: Injuntion.

Question 19

Crown River Cruises V Kimberton Fireworks LTD

Answer 19

Firework display lasting 20 mins a nuisance when sparks set fire to a barge.

Question 20

What is meant by malice shown by either party?

Answer 20

Deliberate and harmful acts will be ordinarily deemed to be a nuisance.

Question 21

Cases for malice shown by either party?

Answer 21

-Christie V Davey
-Hollywood Silver Fox Farm ltd V Emmett

Question 22

Christie V Davey

Answer 22

F: loud noise from music lesson -banged on walls, beat trays, shouted
O: injunction against the C.

Question 23

Hollywood Silver Fox farm LTD V Emmett

Answer 23

F: Mink farm, shots, mink eat young.
O: shots fired to cause harm- unreasonable.

Question 24

What is meant by seriousness of the interreference?

Answer 24

-Distinction between discomfort and physical damage
-Actual physical damage- claim succeeds.

Question 25

What case for seriousness of the interference?

Answer 25

Miller V Jackson

Question 26

Miller V Jackson

Answer 26

F: cricket ball house case
O: No injunction- activity in a public interest.

Question 27

What is meant by state of the defendants land?

Answer 27

D cannot simply ignore nuisances that arise on their land.

Question 28

Cases for state of the defendants land?

Answer 28

-Leakey V National Trust
-Bradburn V Lindsay

Question 29

Leakey V National Trust

Answer 29

D’s were liable when a large mound subsided damaged the C’s cottage.

Question 30

Bradburn V Lindsay

Answer 30

Dry rot spread onto neighbouring property- liable.