Private Nuisance Flashcards
What is PN?
A civil wrong
Any unwanted, continuous and indirect interference with the C’s reasonable use and enjoyment of their land
(Bamford v Turnley)
Who is a C?
Must have an interest in the land (owner) or exclusive possession of it (tenant)
Hunter v Canary Wharf
Who is the D?
The person who causes the nuisance, or their successor in title, who has allowed the nuisance to occur
(Bybrook Barn Garden Centre)
Is it necessary for the creator of the nuisance to have any interest or exclusive possession of the land from which the nuisance comes?
No
Lord Devlin in Southport Corporation v Esso
Who else can be accountable for authorising a nuisance?
A third party
Tetley v Chitty
Will an occupier be held liable for a nuisance created by a trespasser?
No, unless they adopt or continue it
(Sedleigh-Denfield)
Will a D be held liable if the nuisance is a result of natural causes?
Yes, if they are aware of the problem and fail to resolve it
(Leakey v National Trust)
AI - Flooding
Sedleigh Denfield
AI - Natural accidents
Leakey v National Trust
AI - Cliff subsidence
Holbeck Hall Hotel and Another
AI - Smells
Wheeler v Saunders
AI - Noise, light, heat, vibrations
Halsey v Esso Petroleum
AI - Balls hit out of playing areas
Miller v Jackson
AI - Brothel lowering tone of an area/house values
Thompson-Schwab
AI - Physical damage
St Helen’s Smelting Co
