Private nuisance Flashcards
What is private nuisance?
Unreasonable interference with another’s use or enjoyment of land
Hunter v Canary Wharf
- C must have a legal interest in the land
- television reception interference is not a nuisance
C must have a legal interest in the land
Hunter v Canary Wharf
Factors of reasonableness
- social benefit
- malice
- duration
- sensitivity
- locality
If a C is particularly sensitive, the activity may not be seen as a nuisance
Robinson v Kilvert
Robinson v Kilvert
If a C is particularly sensitive, the activity may not be seen as a nuisance
May not be a nuisance if it was unforeseeable that it would be
Morris 2004
Morris 2004
May not be a nuisance if it was unforeseeable that it would be
Sturges v Bridgeman
The character of the neighbourhood will be considered
The character of the neighbourhood will be considered
Sturges v Bridgeman
Malicious behaviour will generally be considered a nuisance
Hollywood Silver Fox Farm v Emmett
Miller v Jackson
If D is providing a social benefit, their actions may be reasonable
If D is providing a social benefit, their actions may be reasonable
Miller v Jackson
Who may be sued?
- person who causes the nuisance
- person who allows nuisance
A person who allows a nuisance can be sued
Tetley v Chitty
