Private Nuisance^ Flashcards
(18 cards)
Private Nuisance
an unlawful interference with a person’s use or enjoyment of land
Aim
To balance between neighbours affecting the enjoyment of land and people having a right to do what they want with their land
Hunter V Canary Wharf Ltd
only those wit an interest in the land can claim not members of their family
Nuisance
interference becomes unlawful
unlawful = unreasonable in how affects claimant
can be smoke, noise, smell
Brothels - Thomas Schwab V Costaki
Sex Shop - Laws V Florinplace Ltd
Factors To Be Unreasonable
duration
sensitivity
locality
malice
social benefit
Crown River Cruises V Fireworks
take account of duration
even if its only temp, its not enough to avoid a claim
Network Rail Infrastructure V Morris
sensitivity of the claimant is a factor
interference because of sensitivity of C - not taken into consideration for private nuisance ( not unreasonable - only one person affected )
nuisance only affected because sensitivity, so its not be considered to be unreasonable
Sturges V Bridgeman For Factors
locality is a factor
what could be a nuisance in Belgrave Square would not necessarily be so in Bermondsey
Hollywood Silver Fox Farm V Emmett
malice is a factor
nuisance done with malice so its unreasonable
Miller V Jackson
social benefit outweights the nuisance of the claimant so its not unreasonable
Who May Be Sued?
anyone who is causing the nuisance
even with no interest in the land
occupier may not be liable not because they caused it but that failed to fix it
Prescription
if actions has been carried out for 20+ years then they have the right to continue
Sturges V Bridgeman For Prescription
prescriptive right to continue only applies if that nuisance existed for that time
Moving To The Nuisance
not a defence, but it will be considered
Example Of Moving To The Nuisance
Sturges V Bridgeman
Statutory Authority
permission by Parliament to cause the nuisance
Marcie V Themes Water
actions were within the rights of an act, so can’t amount to a nuisance
- Actions were protected by par for them to continue.
Volenti
consented to the nuisance so can’t complain
have to know exactly what they are consenting to
could have encouraged the nuisance then later tried to complain
