Private nuisance Flashcards
Definition
An unlawful, indirect interference with another persons use or enjoyment of land in which they have an interest
What must the claimant have
An interest in the land
Case for C must have an interest in the land
Hunter V Canary Wharf
Who can the defendant be 3
- The occupier
- The creator of the nuisance
- Someone who adopted the nuisance
Case for noise
Sturges v Bridgman Stone
Case for fumes
St Helens smelting V Tipping
What must the interference cause 2
- Physical damage
- Loss of amenity
Case for physical damage
Halsey V Esso
Case for loss of amenity
St Helens Smelting v Tipping
5 factors affecting whether the interference is deemed unlawful
- Locality
- sensitivity
- social utility
- Duration
- Malice
Explanation of Locality
How the land is being used in the area it is situated. Character of the neighborhood
Case for locality
Sturges V Bridgman
Explanation of duration
The interference must be continuous and occur at unreasonable hours
Case for duration
Bolton V Stone
