Private Nuisance

Question 1

What is the definition of Private Nuiscance?

Answer 1

Indirect, substantial, and unlawful interference with a person’s ordinary use or enjoyment of land.

Question 2

What are the 4 elements of the tort?

Answer 2

-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)

Question 3

What can indirect interference with C’s ordinary use of land involve?

Answer 3

-Physical damage or non-physical discomfort.

Question 4

Which case shows physical damage?

Answer 4

Sedleigh Denfeild and O’Callaghan

Question 5

Which case shows non-physical discomfort in the form of noise?

Answer 5

Christie v Davey

Question 6

Which case shows non-physical discomfort in the form of smell?

Answer 6

Wheeler v Saunders

Question 7

What are some things that could also cause interference?

Answer 7

-Construction work
-Tree roots and branches
-Dust
-Vibration
-Fumes

Question 8

What is meant by a continuing interference?

Answer 8

This is when a natural hazard develops and D fails to take precautions to stop it from interfering with other land

Question 9

What is the legal principle from Leakey v National Trust?

Answer 9

Despite not causing the landslide, the failure to do anything about it was enough for interference.

Question 10

What are the different ways D can effect C’s common and ordinary use?

Answer 10

-Sensitivity of C’s use
-Recreational actives or ‘things of delight’

Question 11

What does sensitivity of C’s use mean?

Answer 11

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.

Question 12

What case showcases sensitivity of C’s use?

Answer 12

Network Rail Infrastructure Ltd v Morris

Question 13

What does recreational activities or things of delight mean?

Answer 13

C cannot sue if the thing being affected is merely a fun thing to do on land rather than the fundamental use of it.

Question 14

What is the legal principle in AG v Doughty?

Answer 14

Blocking a view is not interfering with the ‘use or enjoyment’ of the land. Nice views are just a ‘thing of delight’

Question 15

What is the principle in Hunter v Canary Wharf?

Answer 15

Watching TV is just a recreational activity

Question 16

What is the case on substantial interference and what are the principles?

Answer 16

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.

Question 17

What is the case on unlawful interference and what’s the legal principle?

Answer 17

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.

Question 18

What are the factors that decide whether D’s use is common and ordinary?

Answer 18

-Locality
-Duration
-Malice

Question 19

What does locality mean and what is the case for it?

Answer 19

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.

Question 20

What does duration mean and what are the cases for it?

Answer 20

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.

Question 21

What does malice mean and what is the case that shows it?

Answer 21

Malice considers if D was with bad intentions.

Christie v Davey- D was deliberately trying to interfere with C

Question 22

Who can be sued and what is the case for it?

Answer 22

The greater of the nuisance, owner or occupier of the land.

Tetley v Chitty

Question 23

Who can sue and what is the case that shows this?

Answer 23

Hunter v Canary Wharf- To be able to sue in nuisance, C must have a proprietary interest/legal rights in the land being affected.

Question 24

What are the defences for nuisances?

Answer 24

-Prescription
-Planning permission

Question 25

What is meant by prescription and what’s the legal principle?

Answer 25

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

Question 26

What is planning permission and which case shows this?

Answer 26

Grants D a chance to show his use has become common and ordinary use for that area

Wheeler v Saunders

Question 27

What are the remedies for private nuisance?

Answer 27

-Injunction
-Damages
-Abatement

Question 28

What are the different types of injunctions and what do they do?

Answer 28

Prohibitory injunction- Stops D doing something

Partial injunction- Limits what D can do

Mandatory injunction- Makes D do something

Perpetual injunction- Stop activity altogether

Question 29

What is abatement?

Answer 29

This means letting C do something to prevent the nuisance. i.e letting C cut down branches from D’s trees.