private nuisance

Question 1

definition of private nuisance

Answer 1

indirect, substantial and unlawful interference with a persons ordinary use of the land

Question 2

elements of private nuisance (6)

Answer 2

1. C must be able to sue
2. Can D be sued
3. indirect interference
4. interference with C’s common and ordinary use of the land
5. interference must be substantial
6. interference must be unlawful

Question 3

who can sue and case

Answer 3

C must have legal rights in the land being affected (tenants and owners)
Hunter V Canary Wharf

Question 4

who can be sued and case

Answer 4

usually the creator of the nuisance, under the right circumstances the owner or occupier of the land can be sued instead
Tetley V Chitty

Question 5

what can indirect interference involve

Answer 5

physical damage or non- physical discomfort

Question 6

indirect physical damage case

Answer 6

Sedleigh denfield V O’ Callaghan

Question 7

indirect non- physical discomfort case

Answer 7

Christie V Davey

Question 8

what is continuing interference and case

Answer 8

a natural hazard develops and D fails to take precautions to stop it interfering with other land
Leakey V National Trust

Question 9

Leakey V National Trust lp

Answer 9

despite not having caused the landslide the failure to prevent it and do anything was enough for an interference

Question 10

sensitivity of C’s use lp and case

Answer 10

claim will fail if they only suffered due to some abnormal sensitivity or their lands use of it
Network Rail Infrastructure LTD V Morris

Question 11

recreational activities or ‘things of delight’ lp and cases (2)

Answer 11

C cant sue if the thing being affected is merely a fun thing to do on the land rather than the lands fundamental use
AG V Doughty
Hunter V Canary Wharf

Question 12

substantial interference case

Answer 12

Halsey V Esso petroleum

Question 13

substantial interference physical damage rule

Answer 13

always considered to be substantial interference

Question 14

substantial interference non- physical discomfort rule

Answer 14

only considered substantial if it makes it physically unpleasant to be on the land

Question 15

interference must be unlawful case

Answer 15

Fearn V Tate gallery

Question 16

Fearn V Tate gallery lp’s (3)

Answer 16

1. must be some give and take between neighbours
2. D’s use of the land must go beyond what is common and ordinary to be unlawful
3. was a nuisance, was unlawful, went beyond common and ordinary use of the land

Question 17

deciding factors as to whether it’s a common and ordinary use of land (3)

Answer 17

1. locality
2. duration
3. malice

Question 18

locality and case

Answer 18

considering the environment of the local area (whether its commercial or residential)
Sturges V Bridgman

Question 19

duration and cases (2)

Answer 19

considering when the interference happened and how long it lasts
Halsey v Esso petroleum
Crown river cruises LTD V Kimbolton fireworks LTD

Question 20

Crown river cruises LTD V Kimbolton fireworks LTD lp

Answer 20

even a temporary interference can go beyond ordinary if the interference is severe

Question 21

malice and case

Answer 21

considering if D was deliberately acting malicious or not
Christie V Davey

Question 22

defences

Answer 22

1. prescription
2. planning permission

Question 23

prescription and case

Answer 23

where D had carried out the nuisance for 20 plus years with no complaints from C , prescribed the right to continue the activity.
Sturges V Bridgman

Question 24

Sturges V Bridgman lp

Answer 24

can only be prescribed right to continue if act has been a nuisance to the same claimant for 20 plus years without complaint

Question 25

planning permission and case

Answer 25

provided it changes the locality so that their use of the land is common and ordinary for the area
Wheeler V Saunders

Question 26

Wheeler V Saunders lp

Answer 26

planning permission in itself doesn’t change the locality, must be successful for use to be common and ordinary

Question 27

remedies

Answer 27

1. injunction
2. damages
3. abatement