Private nuisance

Question 1

What is private nuisance?

Answer 1

Where C has an interest in land where their use and enjoyment has been unreasonably interfered with

Question 2

What is a large case for private nuisance?

Answer 2

Hunter v canary wharf

Question 3

What must C possess in order to make a claim?

Answer 3

A right to the land on which their enjoyment is being interfered with

Question 4

Must D have any interest in the land?

Answer 4

No, but they must have used the land (southport corporation v esso petroleum)

Question 5

How might a person be liable for a nuisance if they did not create it? What are the cases?

Answer 5

.if they have ownership rights in the land and authorised the nuisance (tetley v chitty)
.If they have adopted/continued the nuisance from the creator (sedleigh denfield v ocallaghan)

Question 6

Where will a landlord not be liable for the nuisance?

Answer 6

.If they have allowed the person creating the nuisance to live there
.Where a tenant is making noise that does not amount to a nuisance

Question 7

Can an owner/occupier be liable for natural hazards? case?

Answer 7

yes, leakey v national trust