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
how is the type of interferance determined
the material facts of the case
what are all the factors of reasonableness
locality
duration
sensitivity of c
malice, social benifit
damage
human rights
give the case for locality
Stages v Bridgeman
give the case for duration
crown river crusies ltd v kinbolton fireworks ltd
give the case for sensitivity of c
robinson v kilrert
give the case for malice
hollywood sliver fox farm v emmett
give the case for damage (factors of reasonableness)
st helens smelting go v tipping
give the case for human rights
Hatton v uk
what does locality look at
reasonableness of the nuisance based on the area the land is on
what does duration look at
the length the nuisance has gone on for
what does sensitivity of c look at
is the action reasonable/ is c a pussy
what does malice look at
are d actions out of spite
what does social benifit look at
are the actions/outcome for the greater good
what does damage look at (factors of reasonableness)
loss of amenity v property/actual damage
where are the provisions for nuisance for human rights set out
human rights article 8
what two things are looked at for damage
factual causation
remoteness of damage
what is the case and test for factual causation
but for
barnett
what is the test and case for remoteness of damage
was the harm reasonably forseeable
the wagon mound
