Private Nuisance Flashcards
Private Nuisance- governed by
Common law
Claimant- the claimant is someone with an equitable interest in the land, this can be due to an equitable interest as its owner or has exclusive possession (tenant)
Hunter v Canary Wharf
Claimant- family members and friends are unable to claim unless they also have equitable interest or exclusive possession
Malone v Laskey , hunter v Canary Wharf
Defendant- the defendant is the person who causes the nuisance
Bybrook Barn
Defendant- the creator of the nuisance does not need to have any equitable interest or exclusive possession of the land
Esso Petroleum
Defendant- third party can be held accountable for authorising the nuisance
Tetley v chitty
Defendant- the D is not liable for a nuisance on their land by a trespasser unless they adopt or continue it
O’callaghan
Defendant- D can be liable if the nuisance is the result of natural causes which they are aware of and fail to deal with it
Leakey
Actionable interferences- flooding
O’Callaghan
Actionable interferences- natural accidents
Leakey
Actionable interferences- cliff subsidence
Scarborough BC
Actionable interferences- smells
Wheeler v Saunders
Actionable interferences- noise, heat, vibrations and artificial light
Halsey
Actionable interferences- ball hit out of play area
Miller
Actionable interferences- physical damage
St Helen’s Smelting
Actionable interferences- brothel lowering the tone of an area and house values
Costaki
Actionable interferences- noisy neighbours
Lawrence
Actionable interferences- overlooking when the Ds land is used in an abnormal and unusual way
Modern Tate Gallery
Actionable interferences- emotional distress
Laws v Florinplace Ltd
Non-actionable interferences- television reception, light, right to a view
Hunter v Canary Wharf
Unreasonable interference- Duration of the interference: a temporary and occasional interference is a reasonable interference
Swain
Unreasonable interference- Duration of the interference: a temporary interference that causes physical damage is an unreasonable interference
Crown River Cruises Ltd
Unreasonable interference- Duration of the interference: interferences that occur during an unacceptable time during the day is an unreasonable interference
Halsey
Unreasonable interference- sensitivity of the claimant:
