Private Nuisance Flashcards
Nuisance intro
The C may be able to sue the D for nuisance because…
Definition on nuisance
The unlawful (unreasonable) interference with a person’s enjoyment of land
Firstly the C must demonstrate….
The C must demonstrate an appropriate legal interest in the land effected
HU TER I CANARY WHARF
Lord Goff in Cambridge water said ….
The fact that D took reasonable care to prevent the nuisance is irrelevant - they can still be held responsibile
3 factors which must be considered
Location - leeman I montague
Duration - Cunard v antfyre
Motive and malice - Christie v Davey
Location - leeman V Montague
Locality of the interference must be considered
(Industrial, residential, rural, commercial )
See if interference is reasonable
Industrial expect more noise
Residential expect less
LOCATION - SIDE RULE
ST HELENS SMELTING V TIPPING
if the nuisance causes physical damage to the C’s land then the issue of location is irrelevant
DURATION -
The more long lasting an interference, the more likely it is to be a nuisance
CUNARD V ANTFYRE
-private nuisances are interferences for a substantial amount of time.
Side rule for Duration - time of the day
Even if interference is short duration , it could still be unreasonable because of the time of day
DR KEYSERS ROYAL HOTEL
DURATION - SIDE RULE - damage to land
An interference which is short in duration may still be a nuisance if it causes damage to land
CROWN RIVER CRUISES V KIMBOLTON
MOTIVE AND MALICE
If the activity of the D is motivated by malice, it is likely to be unreasonable
CHRISTIE V DAVEY
MOTIVE AND MALICE - SIDE RULE
Interference with the C’s recreational activities
HUNTER V CANARY WHARF
Interference with claimants recreational activities is not a nuisance
E.g TV signals
