Private Nuisance Flashcards
What are the elements of the tort
- C must be able to sue D
- Indirect interference
- Interference with Cs common and ordinary use of land
- The interference must be substantial
- The interference must be unlawful
Hunter v canary wharf
To be able to sue in nuisance, c must have a propiertry interest/illegal right in the land being affected
Hunter v canary wharf
To be able to sue in nuisance, c must have a propiertry interest/illegal right in the land being affected
Tetly v chitty
Tells us who can be sued
1. The creator of the nuisance
2. The occupier of the land creating the nuisance
3. The owner of the land creating the nuisance
Sedligh denied v o callaghan
An example of physical damage
Christie v davey
An example of non physical discomfort/ damages
Wheeler v Saunders
An example of bad smell
Leakey v national trust
Failure to prevent it and do anything about it was not good enough for interference
Network rail infrastructure Ltd v Morris
An example of a nuisance claim failing as D was not affecting a common and ordinary use of land
Ag v doughty
Nice views are just a thing of delight blowing the views was not interfering with the ordinary and common use of land
Hunter v canary wharf
Disrupting TV is not interfering with the common and ordinary use of land
Halsey v esso petroleum
Shows us:
1.Physical damage is always considered substantial interference
2.Non physical damage will only be considered substantial interference if it makes it physically unpleasant to be on the land
Fearn v tate gallery
There must be some ‘give and take’ between neighbours. To be an unlawful interference Ds use of the land must go beyond whats common and ordinary
Sturges v Bridgeman
Example of locality
Halsey v esso petroleum
Example of duration
