Private Nuisance Flashcards
Definition
Indirect, substantial and unlawful interference with a persons ordinary use or enjoyment of land
4 elements
- Indirect interference with Cs common and ordinary use of land
- Interference must be substantial
- Interference must be unlawful
- C must be able to sue D
+ no defences
Indirect interference
Means not on your land but affects your land
Can involve physical damage or non physical discomfort
Physical damage
Sedleigh Denfield v O Callaghan
Non physical discomfort
Christie v Davey
Smell
Wheeler v Saunders
Continuing interference - natural hazard develops & D fails to take precautions to stop interference with other land
Leakey v National Trust
Abnormal sensitivity means not an interference
Network Rail Infrastructure Ltd v Morris
If thing being affected is a recreational activity or thing of delight, D cannot sue
AG v Doughty (views)
Hunter v Canary Wharf Ltd (tv)
Substantial interference
-physical damage is substantial
-non physical damage is only substantial if it makes it physically unpleasant to be on the land
Halsey v Esso Petroleum
Must be give and take between neighbours and question what is common and ordinary
Fearn V Tate Gallery
Locality means considering what is common and ordinary based on the area
Sturges v Bridgman
Duration means considering when the interference happens and how long it lasts
Halsey v Esso Petroleum
Even a temporary interference can go beyond ordinary if the interference is severe
Crown river cruises ltd v Kimbolton fireworks ltd
Malice is if D has bad intentions
Christie v Davey
Who can be sued
creator of N
person who occupied lane creates N
owner of land creating N
Owner of land can be sued if they authorise nuisance
Tetley v Chitty
Who can sue
Person with proprietary interest/legal rights to the land (tenants/owners)
Hunter v Canary Wharf
2 main defences to private nuisance
- prescription
- planning permission
Prescription
Means nuisance has been going on for over 20 years so can no longer be sued for
D can only be prescribed the right if his act has been a nuisance for 20 years, not if he has done his act for 20 years
Sturges v Bridgman
Planning permission grants D a chance to show his use has become common and ordinary for the area - if unsuccessful in changing locality then it’s a nuisance
Wheeler v Saunders
What’s an injunction
Can make D stop doing something or make D do something
Perpetual - stop completely
Partial - limits it
Damages can be awarded when C has suffered a loss or discomfort
Coventry v Lawrence
Abatement
letting C do something to prevent the nuisance
