Private Nuisance Flashcards
Definition of private nuisance
“An unlawful, indirect interference with another person’s use, or enjoyment of the land, or rights over it”
The claimant
Require a proprietary interest in the land affected by the nuisance (Hunter v Canary Wharf)
Defendant is
Occupier of the land, including those in “possession or control”.
Includes owners and tenants (Tetley v Chitty) and anyone who causes or adopts the nuisance.
Factor 1
Indirect interference
Types of indirect interference
Noise (Christie v Davey)
Vibrations (sturges v Bridgman)
Smoke and fumes (St.helens smelting)
Smells (Bliss v Hall)
2 types of nuisance
Physical damage {prima facie}
And
Interference with comfort/enjoyment of land
(Halsey v esso)
Factor 2
Interference is unreasonable
Malice
Deliberately harmful act will be unreasonable
(Christie v Davey)
Social benefit
Is the D providing a benefit to the community ?
(Miller v Jackson)
Duration
Continuous and at unreasonable hours
(Crown river cruises v kimbolton fireworks)
Locality
Character of the neighbourhood has to be considered (sturges v bridgeman)
Sensitivity
If the C is particularly sensitive then the activity may not be private nuisance
(Robinson v Kilvert)
Factor 3
Cause foreseeable damage
(Cambridge water, wagon mound)
Prescription
If an action has been carried on for at least 20 years without a complaint then the defendant has the prescriptive right to continue
(Sturges v Bridgeman)
Statutory authority
Activity that may amount to nuisance is regulated / licensed through acts of parliament.
Planning permission is not an absolute defence.
