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
Tetley v Chitty
A person who allows a nuisance can be sued
Defences to private nuisance
- prescription
- moving to the nuisance
- statutory authority
- volenti
prescription
if an action has been carried out for at least 20 years with no complaint between parties, D has a prescriptive right to continue
Prescription case
Sturges v Bridgeman
Sturges v Bridgeman
Prescription case
Statutory authority case
Allen v Gulf
Allen v Gulf
Statutory authority
Planning permission will not operate as a defence if it does not change the character of the neighbourhood
Wheeler v Saunders
Wheeler v Saunders
- Planning permission will not operate as a defence if it does not change the character of the neighbourhood
- smells can be a nuisance
Noise can be a nuisance
Christie v Davey
Christie v Davey
Noise can be a nuisance
Costaki
Offensive behaviour or behaviour that affects property values may be a nuisance
Offensive behaviour or behaviour that affects property values may be a nuisance
Costaki
Encroachment by plants
Lemmon v Webb
Lemmon v Webb
Encroachment by plants
