Private Nuisance Flashcards
What is private nuisance
An unlawful interference with a persons use or enjoyment of land coming from neighbouring property
What is a claimant + case
Claimant must have an interest in the land so can be an owner or a tenant but not family/friends
Hunter v Canary Wharf
What is a defendant + case
The person who is causing/allowing the interference
Tetley v Chitty
Can be interference by a previous owner or even a trespasser if the current owner has failed to address the problem
Sedleigh Denfield v O’Callaghan
D can be liable if it is a result of natural causes caused damage that they were aware of but failed to fix
Leakey v National Trust
Cannot be held liable if the cost is too much
Holbeck Hall Hotel v Scarborough BC
Unlawful
unreasonable
Encroachment
Where D’s activity directly affects C
