Private nuisance

Question 1

What is the basic principle of private nuisance?

Answer 1

Interference must be unlawful (which must be unreasonable)
And a balance has to be maintained between the right of the occupier and the right of his neighbour
(Sedleigh-Denfield v. O’Callaghan [1940])

Question 2

Who has the right to sue?

Answer 2

HoL confirmed:

• C must have a proprietary interest in the the property
• Private Nuisance = Tort against C’s enjoyment of rights over land

Question 3

Interference with the use and enjoyment of land

Answer 3

a) Encroachment on neighbours’ lands
b) direct physical injury to a neighbour’s land
c) interference with a neighbour’s quiet enjoyment of his land (amenity nuisance)
- Hunter v Canary Warf (1997)

Question 4

Interference was unreasonable

Answer 4

court must balance
objectively the interests of D and C.
Unreasonable = question of fact. not just when C finds D’s activities uncomfortable and inconvenient.
Northumbrian Water Ltd v McAlpine Ltd [2014] = reasonable

Question 5

What is the objective test for unreasonableness

Answer 5

• nature of the locality/ character of the neighbourhood
• duration, intensity and frequency of the interference
• presence of any malice on D’s part
• considerations of C sensitivity?
• public benefit or utility of D’s activities
• effect of planning permission for D’s activities

Question 6

Interference caused damage to claimant

Answer 6

• Damage to land plus C suffering from some harm,injury or damage. Harm must occur ‘but for’ the D’s interference. Only personal injury doesn’t count
• type of dmg was reasonably forseeable