Private nuisance

Question 1

Definition

Answer 1

The unreasonable interference with C’s enjoyment of their land and property.

Question 2

Parties to the case

Answer 2

Claimant and Defendent

Question 3

Claimant

Answer 3

Must have an interest in the land affected by the nuisance.

Question 4

Examples of claimant

Answer 4

Owner or tenant

Question 5

Hunter

Answer 5

Claim failed as they had no interest in the land.

Question 6

Defendent

Answer 6

Creator, person in control or possession of nuisance.

Question 7

Leakey

Answer 7

Can be an occupier that is not directly responsible but who fails to deal with the problem.

Question 8

Types of private nuisance

Answer 8

Direct and Indirect

Question 9

Direct examples

Answer 9

Roots of trees
Walking across land

Question 10

Indirect examples

Answer 10

smoke
smells
noises

Question 11

When can it be naturally occurring?

Answer 11

If D knew about it
Had to take precautionary steps

Question 12

Types of interference

Answer 12

Physical damage to a neighbours land
Encroachment onto a neighbours land
Interference with neighbours quiet enjoyment of land or moral interference

Question 13

Physical damage to neighbour’s land

Answer 13

Drive over neighbour’s land

Question 14

Encroachment onto neighbour’s land

Answer 14

Roots of trees grow into neighbours garden

Question 15

Interference neighbour’s quiet enjoyment or moral interference

Answer 15

Playing music too loud stopping neighbour from sleeping

Question 16

Florinplace

Answer 16

Residents able to sought injunction because of moral interference

Question 17

An unlawful interference

Answer 17

Locality
Duration and time
Foreseeability rather than sensitivity
Acts of malice

Question 18

Locality

Answer 18

Character of area and whether it is purely residential

Question 19

Sturges

Answer 19

What would be a nuisance in Belgrove square would not neccesairly be so in Bermondsey

Question 20

Duration and time

Answer 20

Tend to need to be continuous and at unreasonable hours

Question 21

Crown river cruises

Answer 21

An exception
20 minute firework display amounted to private nuisance

Question 22

Network rail infrastructure

Answer 22

Interference was not forseeable no liability

Question 23

Acts of malice

Answer 23

Deliberate and harmful act

Question 24

Hollywood silver fox farm

Answer 24

D acted maliciously by shooting therefore liable.

Question 25

Defences to private nuisance

Answer 25

Social benefit
Statutory authority
Prescription

Question 26

Social benefit

Answer 26

D providing a benefit to the community

Question 27

Statutory authority

Answer 27

Claimant can show his or her conduct authorised by law

Question 28

Prescription

Answer 28

Acquired right to act in a particular way

Question 29

Miller

Answer 29

Use of ground for sport outweighed private use of claimant’s garden

Question 30

Civil Aviation Act

Answer 30

Cant claim for nuisance caused by aircraft over property

Question 31

Sturges

Answer 31

Could not use defence because once new room was built that’s when the noise became a nuisance

Question 32

Coventry

Answer 32

Only relevant to an activity that was an actionable nuisance for at least 20 years

Question 33

Volenti non fit injura

Answer 33

consent

Question 34

What’s not a defence?

Answer 34

Coming closer to the nuisance

Question 35

Remedies to private nuisance

Answer 35

Damages
Injunctions
Abatement

Question 36

Abatement

Answer 36

Entering D’s premises in order to prevent further nuisance.

Question 37

Abatement E.g.

Answer 37

Chop down overhanging branches

Question 38

Shelfer test

Answer 38

Suggested injunction as default and damages only awarded when there has been financial loss.

Question 39

Coventry

Answer 39

Sometimes damages is a suitable alternative

Question 40

Indirect case

Answer 40

Wheeler

Question 41

Direct case

Answer 41

Lemmon