private nuisance Flashcards
private nuisance meaning
- unlawful interference with another persons use/ enjoyment of land or rights over it
2 types of nuisance in private nuisance
physical damage - prima facie nuisance without a reasonableness test
interference with comfort or enjoyment of land - requires reasonableness test
who can be a defendant in a private nuisance
- occupier of land
- someone who causes/ adopts nuisance
tetley v chitty
who can sue in pn
only ppl with interest in the land
Hunter v Canary Wharf
types of indirect interference
- noise / vibrations (Sturges v bridgman)
- smoke and fumes (St Helens smelting v tipping )
- smell (bliss v hall)
- damage (St Helens smelting v tipping)
- hot air ( Robinson v kilvert)
what interferences are not actionable
- a view ( fearn v Tate gallery)
- light
- tv reception ( hunter v Canary Wharf)
when might courts protect private nuisance claims
- when the nuisance protects offensive behaviour
whats the occupiers duty of care in direct interference cases
- measured duty of care applies where there is direct interference
what does unlawful mean in private nuisance
unreasonable interference
what factors determine if interference is unreasonable
- locality - character of the neighbourhood - Sturges v Bridgman
- duration - longer =. more likely unreasonable , spicer v smee
- sensitivity of claimant - courts avoid abnormal sensitivity , Robinson v kilvert
- malice by defendant - intentional harm = unreasonable , Hollywood silver fox farm v Emmett
- public benefit - if public benefit outwieghs private him , no nuisance - miller v Jackson
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how does human rights act affect nusiance law
balances private rights with public utility
- Marcic v thames water
what are the defences to private nuisance
- prescription - continuous use - coventry v Lawrence
- statutory authority - actions authorised by law - gillingham bc v medway dock
- volenti - cpnsent to the nuisance
- moving to a nuisance - not a valid defence - coventry v Lawrence
