Private Nuisance Flashcards
what is the genral law for peoples property
they con do what they want so long as its lawful and doesnt infringe contractual agreements
when does private nuisance apply
when one party is affected
what is the definition of pn
the unlawful interfernace with a personas use or enjoyment of land comming from neibouring land
what must c have to bring a claim + case
intrest in the land affected by the nuisance
Hunter v Canary wharf
who can bring about the claim
and owner or tennant of the land but not a member of the family with no legal interst
who will the defendant be in a pn claim
the cause or allower of the nuisance
including nuisance from before d moved in
give a case for ‘adopting nuisance’
Sedleigh Denfeild v O’Callaghan
can d be liable if the nuisance is cased by a natral event and they are aware of it + case
yes
Leaky v National trust
what are the 3 elements of np
is there an interferance
is the use of land unlawful
was damage caused
what are the 2 types of interferance with land
direct
indirect
what is a direct interferance with land
a positive act eg banging on walls
what is an indirect interferance with land
interprated to include various actions eg
fumes, smell, noise, vibrations,fire ect
what is unlawful use of land
the use of land is unreasonable
what is the test for unlawful use of land
‘in all circumstances is it reasonable for c to have to suffer in the particular interferance’
in what circumstances can c not bring action as its not unlawful use of land
to protect the view of their house
the right to light
tv reception