private nuisance

Question 1

What are the 3 elements to private nuisance?

Answer 1

• There has to be an interference with the land and the interference must be indirect.
• The interference with land must be unlawful.

-C must be able to sue D (both parties must be eligible).

Question 2

Which case involved a physical interference from tree roots growing on C’s land causing damage to the ground?

Answer 2

Davey v Harrow Corporation

Question 3

Which case involved a physical interference from flooding causing damage to C’s land?

Answer 3

Sedleigh Denfield v O’Callaghan

Question 4

Which case said loud noise can be non-physical damage?

Answer 4

Christie v Davey

Question 5

Which case said that bad smells can be non-physical interference?

Answer 5

Wheeler v Saunders

Question 6

What did Halsey v Esso Petroleum say in relation to a non-physical interference?

Answer 6

Physical damage will always be an interference but non-physical interference must make it physically unpleasant to be on the land.

Question 7

Which case said that emotional distress is enough to count as an interference?

Answer 7

Thompson-Schwab v Costaki

Question 8

What did AG v Doughty say?

Answer 8

Blocking a view is not interfering with the use of enjoyment of land, nice views are simply things of delight.

Question 9

What did Hunter v Canary Wharf say?

Answer 9

Watching TV is not using or enjoying land, it is a recreational activity.

Question 10

What is a continuing interference and which case is an example of this?

Answer 10

A natural hazard develops and D fails to take precautions to stop it interfering with other land. Leakey v National Trust.

Question 11

How did Southwark v Mills define an unlawful interference?

Answer 11

Unlawful means unreasonable. An unreasonable use is only what goes beyond acceptable behaviour.

Question 12

What are the 5 factors the court considers when deciding if D’s use of land is unreasonable?

Answer 12

• Sensitivity of C/ reasonably foreseeable damage
• Locality
• Duration
• Malice
• Social benefit

Question 13

What does sensitivity of C/ reasonably foreseeable damage mean?

Answer 13

This looks at whether C has only suffered due to some abnormal sensitivity or if the interference was foreseeable.

Question 14

What is the case and legal principle for sensitivity of C/ reasonably foreseeable damage?

Answer 14

Network Rail Infrastructure v Morris. In deciding if D’s use was unreasonable, the court should consider if it was reasonably foreseeable that the use would cause this damage.

Question 15

What does locality mean?

Answer 15

Considering what is reasonable based on the area.

Question 16

What are the cases and legal principles for locality?

Answer 16

Sturges v Bridgman. What is reasonable for an area depends on its character and make up.

St Helen’s Smelting Co. v Tipping Ltd. The unreasonableness of D’s act should be based on what is expected of the area but if physical damage is caused, this will always be unreasonable no matter the area.

Question 17

What does duration mean?

Answer 17

Considers when the interference happens and how long it lasts. Normally a one off event is unlikely to be a nuisance.

Question 18

What are the cases and legal principles for duration?

Answer 18

Halsey v Esso Petroleum. What is reasonable at one time of day may not be reasonable at another time.

Crown River Cruises v Kimbolton Fireworks. Even a temporary interference can be unreasonable if the interference is severe enough.

Question 19

What does malice mean?

Answer 19

Considers if D was acting maliciously i.e. trying to be a nuisance.

Question 20

What is the case and legal principle for malice?

Answer 20

Christie v Davey. Using one’s land with bad intentions will be an unreasonable use.

Question 21

What does social benefit mean?

Answer 21

This considers if D’s use of land has some benefit to the community.

Question 22

What is the case and legal principle for social benefit?

Answer 22

Miller v Jackson. Reasonable use should consider how that use benefits the community at large. In this case, what the community gained from the ground outweighed the disruption to the individual.

Question 23

What does Hunter v Canary Wharf say in regards to who can sue?

Answer 23

C must have a proprietary interest in the land being affected. This means owners and tenants can sue but not people who happen to be on the land at the time.

Question 24

Who can be sued?

Answer 24

The creator of the nuisance or the owner of the land in certain circumstances e.g. Tetley v Chitty.

Question 25

What are the 2 defences specific to private nuisance?

Answer 25

• Prescription

- Planning permission

Question 26

What is meant by prescription?

Answer 26

Where D has carried out the nuisance on C for 20 years, D is prescribed the right to continue that activity. Sturges v Bridgman.

Question 27

What is meant by planning permission?

Answer 27

Wheeler v Saunders- planning permission must change the nature of the locality to stop the use being unreasonable.

Question 28

What are the different types of injunction?

Answer 28

Prohibitive injunction- makes D stop doing something.
Mandatory injunction- makes D do something.

Perpetual- D has to stop the activity completely.
Partial- limits what D can do.

Question 29

Which case says that damages may be a more common form of remedy in future cases?

Answer 29

Coventry v Lawrence.

Question 30

What is meant by an abatement?

Answer 30

Letting C do something to prevent the nuisance.

Question 31

What is the definition of private nuisance?

Answer 31

Private nuisance is defined in common law as an indirect and unlawful interference with someone’s use or enjoyment of land, coming from neighbouring land.