Private nuisance Flashcards
What is the definition of private nuisance?
“an unlawful interference with a person’s use or enjoyment of land coming from neighbouring land”
Who is the claimant?
Anyone whose enjoyment of the land is affected. They must have an interest in the land.
Who is the defendant?
The person who is causing OR allowing the nuisance to occur. Even if they aren’t causing the nuisance, they may still be liable for “adopting”/ failing to deal with the problem.
Name a case where the defendant ‘adopted’ the nuisance.
Sedleigh Denfield v O’Callaghan (1940)
The defendants didn’t create the danger but knew it was occurring and allowed it to continue to do so.
Can the defendant be liable for natural causes they fail to deal with?
Name a case.
Yes.
Leakey v National Trust (1980)
The defendants owned land which contained a large natural mound on a hillside which they knew could slip. It eventually did and damaged the claimants house. Defendants were liable because they didn’t attempt to prevent damages.
For “unlawful use of land”, does the actions have to be illegal?
No, the defendants use of land just has to be unreasonable.
Does private nuisance protect individuals rights to views?
No.
Does private nuisance protect feelings?
Name a case.
Yes.
Thompson Schwab v Costaki (1956)
The CoA decided that running a brothel in a respectable residential area is a nuisance.
What are the factors to decide reasonableness?
(state ALL in exam)
- Locality - character of neighbourhood will be considered.
- Duration of interference - Nuisance likely needs to be continuous and at unreasonable hours of the day.
- Sensitivity of the claimant - may not be a nuisance if the claimant is particularly sensitive.
- Malice - deliberate harmful act is a nuisance.
- Social benefit - may be considered reasonable if there’s a benefit.
Prescription is a possible defence for the defendant, what does it mean?
It means that if the action has occurred for over 20 years with no complaints between the parties, the defendant can claim they have a prescriptive right.
What does the defence of moving to the nuisance mean and name a case.
This is when the claimant is only suffering as they moved closer to the issue.
Sturges v Bridgman (1879)
What is the most effective/ likely defence and what does it mean?
Statutory authority.
It means that many of the actions that amount to a nuisance are now regulated by environmental or other laws.
How does the REMEDY of injunction mean?
It works to prohibit the action/ order the defendant to either stop causing it OR put a filter in place to reduce the nuisance.
Links to an award of damages if loss occurred.
How does the REMEDY of abatement work?
It allows the claimant to enter the property to remove/ prevent the nuisance. E.G. chopping down overhanging branches BUT it must all be returned.
