Private Nuisance

Question 1

PN is tort claim where

Answer 1

Someones use of enjoyment of their property is affected by unreasonable behaviour of a neighbour

Question 2

PN is concerned with protecting the rights of a occupier against…

Answer 2

Unreasonable interference with the enjoyment or use of his land

Question 3

In order to bring claim in PN a claimant must have an

Answer 3

Interest in the land they claim their enjoyment or use of have been unreasonably interfered with

Question 4

Interest means a legal interest but not necessarily legal owners

Answer 4

Hunter v Carney Wharf

Question 5

D doesn’t need to own or occupy land they just have to have used it

Answer 5

Jones Ltd v PCC

Question 6

Interference

Answer 6

C must prove Ds activity amounts to unlawful use of the land

Question 7

Unlawful=

Answer 7

An unreasonable use of land which leads to an unreasonable interference with the C use or enjoyment of their own land (London Borough of Southwark v Mills)

Question 8

Factors of reasonableness

Answer 8

Court will take into account relevant factors to decide whether the use of the land is unreasonable:
•Locality
•Duration
•Sensitivity
•Foreseeability
•Malice
•Social benefit