Private Nuisance Flashcards
What is a private nuisance?
A private nuisance is an interference with a person’s enjoyment and use of his land.
Is every annoyance actionable in private nuisance?
No, not all annoyances are actionable; for example, interference with television signals by a building is not actionable.
What are the three types of private nuisance?
The three types of private nuisance are: 1. Interference with enjoyment of land, 2. Physical damage to land, 3. Injury to health.
What is the requirement for an interest in the land in a private nuisance claim?
The claimant must have an interest in the land affected, meaning they must own or have a right over the land.
Who can make a claim of private nuisance?
Only those with an interest in the land, such as owners, leaseholders, or tenants, can make a claim.
Can visitors or family members claim for private nuisance?
No, they do not have an interest in the land and cannot make a claim.
What does exclusive possession mean in relation to private nuisance?
It means that a person who has exclusive possession of the land is regarded as having an interest in that land.
What case allowed a claimant to bring a private nuisance claim despite not proving ownership of the land?
Foster v Warblington UDC (1906).
In Malone v Laskey [1907], why could the wife not claim for nuisance?
Because she had no interest in the property.
What was the significance of Khorasandjian v Bush [1993]?
It indicated that interest in land was not always necessary for a private nuisance claim, but this was later rejected in Hunter v Canary Wharf.
What must be shown in a private nuisance claim regarding the use of land?
The use of land must be unreasonable.
What factors determine whether the use of land is unreasonable?
Factors include the sensitivity of the claimant, duration of the nuisance, character of the area, reasonable foreseeability of damage, and any malice by the defendant.
What is the standard of tolerance in determining private nuisance?
The standard is that of the reasonable person and ordinary land use.
What did Robinson v Kilvert (1888) determine about sensitive claimants?
It determined that abnormally sensitive claimants are unlikely to succeed in a private nuisance claim.
How can an act of malice affect a private nuisance claim?
An act of malice can lead to a successful action for private nuisance even if the defendant’s act is not typically unreasonable.
What case illustrates malice in private nuisance?
Hollywood Silver Fox Farm Ltd v Emmett [1936].
Why is the duration and time of the nuisance relevant?
It determines whether a private nuisance exists; generally, it must be a continuing state of affairs.
What was established in Halsey v Esso Petroleum Co Ltd [1961]?
Noise at night from boilers and road tankers constituted a private nuisance.
Can a one-off event be considered a private nuisance?
Yes, for instance, in Crown River Cruises Ltd v Kimbolton Fireworks Ltd [1996], a one-off fireworks display caused a nuisance.
Why is the character of the area relevant in private nuisance cases?
What would be a nuisance in one area may not be considered a nuisance in another.
What case affirmed that moving to a nuisance does not prevent a claim?
Sturges v Bridgman (1879).
What was the outcome of Miller v Jackson [1977]?
The court refused to grant an injunction against the cricket club despite it being a nuisance because of the social utility they provided.
What did the court determine in St Helen’s Smelting Co v Tipping (1865)?
The character of the area is important, but extensive operations causing annoyance can still be actionable.
What does ‘per se’ mean in relation to private nuisance?
Private nuisance is not actionable per se; there must be some damage, harm, injury, or inconvenience.
