Private Nuisance Flashcards
What are the elements of private nuisance?
- Plaintiff has a proprietary interest in land
- Defendant created, continued or authorised the interference
- Interference with the use or enjoyment of land
- Interference is both substantial and unreasonable
What case confirms the plaintiff must have a legal interest in land?
Hunter v Canary Wharf – Only those with a proprietary interest (owner/tenant) can sue.
Can a person sue for nuisance if they only live in the house but have no legal title?
No.
📚 Hunter v Canary Wharf
What case confirms actual exclusive possession (even without title) can be enough to sue?
Foster v Warblington UDC – Exclusive de facto possession = sufficient interest.
What does nuisance protect?
Walter v Selfe - Interference must be substnatial affect ordinary physical comfort not elite sensibilities
What case sets the test for “substantial and unreasonable” interference?
Clary v Women’s College – Objective test based on what a reasonable occupier would tolerate.
Is nuisance actionable per se?
No – the plaintiff must prove actual damage (material or sensory).
What are examples of indirect interference in nuisance?
Noise, smell, smoke, dust and vibration
What case distinguishes nuisance from trespass based on directness?
Esso Petroleum v Southport Corporation – Oil drifted = indirect interference → nuisance, not trespass.
What are the two types of nuisance-related damage?
Material damage (e.g. physical harm to land/property)
Personal discomfort (e.g. interference with comfort or amenity)
What remedies are available in private nuisance?
Damages – for past interference
Injunction – to prevent ongoing nuisance
Is an injunction automatic once nuisance is proven?
Lawrence v Fen Tigers Ltd held No – courts have discretion and will consider public interest and proportionality.
What case supports awarding damages in lieu of injunction?
Lawrence v Fen Tigers Ltd – Court denied injunction due to broader social impacts.
What case sets out creator of a nuisance (even in case of not neighbour occupier)
Fennell
What case sets out continuing nuisance?
O’Callaghan
What case sets out authorising nuisance?
Peden
Is privacy protected under nuisance?
No as held in Victoria Park Racing
Is material damage unreasonable intereference?
Yes held by Tipping. Amenity interferences require balancing circumstances (locality, time etc.)
What case sets out excessive, frequent and disruptive ordinary enjoyment of land
Thompson
