Private Nuisance Flashcards
What is the definition of Private Nuiscance?
Indirect, substantial, and unlawful interference with a person’s ordinary use or enjoyment of land.
What are the 4 elements of the tort?
-Indirect interference with C’s ordinary use of land
-Substantial interference
-Unlawful interference
-C must be able to sue D (Both parties must be eligible)
What can indirect interference with C’s ordinary use of land involve?
-Physical damage or non-physical discomfort.
Which case shows physical damage?
Sedleigh Denfeild and O’Callaghan
Which case shows non-physical discomfort in the form of noise?
Christie v Davey
Which case shows non-physical discomfort in the form of smell?
Wheeler v Saunders
What are some things that could also cause interference?
-Construction work
-Tree roots and branches
-Dust
-Vibration
-Fumes
What is meant by a continuing interference?
This is when a natural hazard develops and D fails to take precautions to stop it from interfering with other land
What is the legal principle from Leakey v National Trust?
Despite not causing the landslide, the failure to do anything about it was enough for interference.
What are the different ways D can effect C’s common and ordinary use?
-Sensitivity of C’s use
-Recreational actives or ‘things of delight’
What does sensitivity of C’s use mean?
This looks at whether C has only suffered due to some ‘abnormal sensitivity’ of their land/use of it, or if the interference would have affected other people on that land the same way.
What case showcases sensitivity of C’s use?
Network Rail Infrastructure Ltd v Morris
What does recreational activities or things of delight mean?
C cannot sue if the thing being affected is merely a fun thing to do on land rather than the fundamental use of it.
What is the legal principle in AG v Doughty?
Blocking a view is not interfering with the ‘use or enjoyment’ of the land. Nice views are just a ‘thing of delight’
What is the principle in Hunter v Canary Wharf?
Watching TV is just a recreational activity
What is the case on substantial interference and what are the principles?
Halsey v Esso Petroleum
-Anything that is physical damage is enough to be substantial interference
-Non-Physical damage must make it physically unpleasant to be on the land to be substantial.
What is the case on unlawful interference and what’s the legal principle?
Fearn v Tate Gallery
-There must be some give and take between neighbours, and the key question is about whether D’s use goes beyond what is common and ordinary.
What are the factors that decide whether D’s use is common and ordinary?
-Locality
-Duration
-Malice
What does locality mean and what is the case for it?
Locality considers what is common and ordinary based on the area
Sturges v Bridgman showed that the use of D’s land was not common and ordinary because the area is largely made up of doctor consultancies. ‘What would be a nuisance in Belgrave square would not necessarily be a nuisance in Bermondsey.
What does duration mean and what are the cases for it?
Duration considers when the interference happens and how long it lasts.
Halsey v Esso Petroleum- The noise was not common and ordinary during the night.
Crown River Cruises v Kimbolton Fireworks- Even a temporary interference can go beyond and ordinary if the interference is severe.
What does malice mean and what is the case that shows it?
Malice considers if D was with bad intentions.
Christie v Davey- D was deliberately trying to interfere with C
Who can be sued and what is the case for it?
The greater of the nuisance, owner or occupier of the land.
Tetley v Chitty
Who can sue and what is the case that shows this?
Hunter v Canary Wharf- To be able to sue in nuisance, C must have a proprietary interest/legal rights in the land being affected.
What are the defences for nuisances?
-Prescription
-Planning permission
What is meant by prescription and what’s the legal principle?
Prescription is where the D had carried out the nuisance for 20 years and is prescribed the right to continue that activity.
Sturges v Bridgman- D can only be prescribed the right if the act has been a nuisance for 20 years
What is planning permission and which case shows this?
Grants D a chance to show his use has become common and ordinary use for that area
Wheeler v Saunders
What are the remedies for private nuisance?
-Injunction
-Damages
-Abatement
What are the different types of injunctions and what do they do?
Prohibitory injunction- Stops D doing something
Partial injunction- Limits what D can do
Mandatory injunction- Makes D do something
Perpetual injunction- Stop activity altogether
What is abatement?
This means letting C do something to prevent the nuisance. i.e letting C cut down branches from D’s trees.
