private nuisance

Question 1

private nuisance

Answer 1

private nuisance is concerned with protecting the rights of an occupier against unreasonable interference with the enjoyment or use of his land

Question 2

in order to bring a claim in private nuisance

Answer 2

a claimant must have an interest in the land they claim their use or enjoyment has been interfered with. however a defendant- the creator of the nuisance need not own or occupy the land from where the nuisance is emitting from they need to only have used it

Question 3

‘Interference’ can be :

Answer 3

1) flooding 2)smells 3)encroachment 4)cricket balls 5) noise 6) physical damage 7) a brothel

Question 4

unlawful interference

Answer 4

this is an unreasonable use of land by the d which leads to an unreasonable interference in the c’s use or enjoyment of that land. in determining whether the use of land and the interference was reasonable or not the courts will consider 1)locality/neighbourhood 2)duration 3) sensitivity 4) malice

Question 5

locality/neighbourhood

Answer 5

the reasonableness of the use of land will depend on the nature of its locality

Question 6

duration

Answer 6

the longer a nuisance lasts the greater the interference of it and the greater the likelihood of it being held as an unlawful interference

Question 7

sensitivity

Answer 7

if the claimant is abnormally sensitive or the use of land is particularly sensitive then the d will not be liable unless the activity would amount to a nuisance to a reasonable person using the land in a normal way

Question 8

malice

Answer 8

if the defendants actions are malicious they are more likely to be held as unreasonable

Question 9

malone v laskey

Answer 9

in order to claim for private nuisance the claimant must have an interest in the land affected by the nuisance

Question 10

London borough of southwark vs mills

Answer 10

a claim for nuisance must show the interference was substantial and unreasonable