Private Nuisance

Question 1

Definition

Answer 1

Indirect, substantial and unlawful interference with a persons ordinary use or enjoyment of land

Question 2

4 elements

Answer 2

1. Indirect interference with Cs common and ordinary use of land
2. Interference must be substantial
3. Interference must be unlawful
4. C must be able to sue D
   + no defences

Question 3

Indirect interference

Answer 3

Means not on your land but affects your land
Can involve physical damage or non physical discomfort

Question 4

Physical damage

Answer 4

Sedleigh Denfield v O Callaghan

Question 5

Non physical discomfort

Answer 5

Christie v Davey

Question 6

Smell

Answer 6

Wheeler v Saunders

Question 7

Continuing interference - natural hazard develops & D fails to take precautions to stop interference with other land

Answer 7

Leakey v National Trust

Question 8

Abnormal sensitivity means not an interference

Answer 8

Network Rail Infrastructure Ltd v Morris

Question 9

If thing being affected is a recreational activity or thing of delight, D cannot sue

Answer 9

AG v Doughty (views)
Hunter v Canary Wharf Ltd (tv)

Question 10

Substantial interference
-physical damage is substantial
-non physical damage is only substantial if it makes it physically unpleasant to be on the land

Answer 10

Halsey v Esso Petroleum

Question 11

Must be give and take between neighbours and question what is common and ordinary

Answer 11

Fearn V Tate Gallery

Question 12

Locality means considering what is common and ordinary based on the area

Answer 12

Sturges v Bridgman

Question 13

Duration means considering when the interference happens and how long it lasts

Answer 13

Halsey v Esso Petroleum

Question 14

Even a temporary interference can go beyond ordinary if the interference is severe

Answer 14

Crown river cruises ltd v Kimbolton fireworks ltd

Question 15

Malice is if D has bad intentions

Answer 15

Christie v Davey

Question 16

Who can be sued

Answer 16

creator of N
person who occupied lane creates N
owner of land creating N

Question 17

Owner of land can be sued if they authorise nuisance

Answer 17

Tetley v Chitty

Question 18

Who can sue

Answer 18

Person with proprietary interest/legal rights to the land (tenants/owners)
Hunter v Canary Wharf

Question 19

2 main defences to private nuisance

Answer 19

1. prescription
2. planning permission

Question 20

Prescription

Answer 20

Means nuisance has been going on for over 20 years so can no longer be sued for

Question 21

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

Answer 21

Sturges v Bridgman

Question 22

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

Answer 22

Wheeler v Saunders

Question 23

What’s an injunction

Answer 23

Can make D stop doing something or make D do something
Perpetual - stop completely
Partial - limits it

Question 24

Damages can be awarded when C has suffered a loss or discomfort

Answer 24

Coventry v Lawrence

Question 25

Abatement

Answer 25

letting C do something to prevent the nuisance