Private Nuisance Flashcards
What is the definition of Private Nuisance?
An indirect, substantial, and unlawful interference with a persons ordinary use or enjoyment of land
This definition outlines the key characteristics that constitute a private nuisance claim.
What are the five elements required to establish a private nuisance claim?
- C. is able to sue D. (both parties eligible)
- Indirect interference
- Interference is with C.’s common/ordinary use of land
- Interference must be substantial
- Interference must be unlawful
Each element must be proven for a successful claim of private nuisance.
What 2 cases are needed to prove the first element of P.N.
Hunter v Canary Wharf
Tetley v Chitty
H v CW - who can sue?
T v C - who can be sued?
What is the legal principle for Hunter v Canary Wharf?
C. must have proprietary interest/legal right in the land that is being affected
Who cannot sue according to Hunter v Canary Wharf?
People who happen to be on land at the time can’t sue
This emphasizes that only those with a proprietary interest can bring a claim.
What does Tetley v Chitty imply about who can be sued for private nuisance?
- creator of the nuisance
- person who occupies land
- owner of land
It clarifies the responsibilities of those who manage or occupy land in relation to nuisance claims.
What are the cases to prove the second element of P.N.? What type of dmg can be caused
Either physical or non-physical:
PHYS -> Sedleigh Denfield v O’Callaghan - flooding causing dmg to C property
NON PHYS -> Christie v Davey - loud noise
Wheeler v Saunders - bad smells
Continuing interference - Leakey v National Trust
What is a continuing interference?
When a natural hazard develops and defendant fails to take precautions to stop it from interfering with others’ land
Leakey v National Trust
Cases for 2nd element
Sedleigh-Denfield v O’Callaghan } Phys dmg
Christie v Davey, Wheeler v Saunders } Non-phys dmg
Leakey v National Trust } C.I.
What is the case for bad smells in P.N.
Wheeler v Saunders
What is the case for loud noises in P.N.?
Christie v Davey
What is the 3rd element of P.N.
Is D. affecting C.’s common and ordinary use of the land?
What is sensitivity of C.’s use?
Has C. only suffered due to some abnormal sensitivity of their use of would it have affected other people in the same way?
What case is used to establish sensitivity?
NRI v Morris (electric guitars)
-C. abnormally sensitive
Why can C. not sue due to recreational activities?
The thing being affected is merely a fun thing to do on the land, and is not the fundamental use of it
What 2 cases discuss recreational activities in P.N.?
AG v Doughty - view = a thing of delight, blocking it ≠ P.N.
Hunter v Canary Wharf - watching TV ≠ main use of the land
What is the 4th element of P.N.
Case?
Interference must be substantial
Halsey v Esso Petroleum
What type of damage was observed in Halsey v Esso Petroleum?
Both physical and non-physical damage
What is an example of physical damage mentioned in Halsey v Esso Petroleum?
Paintwork peeling on car
What are examples of non-physical damage in Halsey v Esso Petroleum?
Smell, noise
What qualifies as substantial physical damage?
ANY type of physical damage
What must non-physical damage do to be considered substantial?
Must make it physically unpleasant to live on land
Fill in the blank: In Halsey v Esso Petroleum, substantial interference includes _______.
[physical damage]
True or False: Non-physical damage can be considered substantial without affecting the physical living conditions.
False
What is the 5th element of P.N.?
What does it mean?
Unlawful interference
Unlawful interference refers to the disruption of another’s use and enjoyment of their property.
In Fearn v Tate Gallery, what was the key issue regarding the defendant’s use?
The key issue was whether the defendant’s use was common and ordinary.
What must there be between neighbors according to the principle in Fearn v Tate Gallery?
There must be some give/take between neighbors.
What factors determine if a defendant’s use is common and ordinary?
- Locality
- Duration
- Malice
What does locality refer to in the context of property use?
Locality refers to what is common and ordinary for the area.
Which case established the importance of locality in determining common use?
Sturges v Bridgman established the importance of locality.
In Sturges v Bridgman, what type of area was involved?
A factory area was involved.
According to Sturges v Bridgman, what must the D.’s use of land be?
D.’s use of land must be common and ordinary.
What does duration refer to?
What is the main issue in Halsey v Esso?
How long does nuisance last.
Nuisance was common / ordinary during the day, but all night = P. N.
What does Crown River Cruises v Kimbolton Fireworks establish about temporary interference?
Even a temporary interference can constitute nuisance.
What is considered ‘ordinary’ in the context of nuisance?
Ordinary nuisance is defined if it is severe.
What does malice refer to in nuisance cases?
Did D. try to be a nuisance?
What was the issue in Christie v Davey?
D. was deliberately causing noise.
This was not com/ord use of land
What profession did Christie have in Christie v Davey?
Music teacher.
What are the two main defenses to private nuisance? (6th element of P.N.)
- Prescription
- Planning permission
- (volenti / consent also applies if prescription fails)
What does the prescription defense entail?
If D. has carried out nuisance for 20 years, D. is prescribed to carry out the activity.
What case illustrates that planning permission does not change locality?
Wheeler v Saunders.
In Sturges v Bridgman, what condition must be met for D. to be prescribed the right to continue the nuisance?
Nuisance must have been ongoing for 20 consecutive years.
Can permission to change locality protect D. from being sued in the meantime?
No, you can still be sued in the meantime.
What is an injunction? (7th element of P.N.?)
A remedy that either stops a defendant from doing something (e.g., noise) or compels them to do something (e.g., soundproof a building)
Remedies.
What is a partial injunction?
An injunction that limits what a defendant can do
It doesn’t completely stop the defendant’s actions but imposes restrictions.
What are damages in the context of remedies?
Compensation for physical damage or non-physical harm if an injunction is unsuccessful
Includes costs incurred due to nuisance or harm.
Which case is associated with the increasing popularity of damages as a remedy?
Coventry v Lawrence
This case highlighted the effectiveness of damages as a remedy.
What does abatement allow C. to do?
It allows C. to take action to prevent a nuisance (e.g., cut a branch off a tree)
Abatement is a proactive measure to address nuisances.
