private nuisance

Question 1

private nuisance is…

Answer 1

“unlawful,indirect interference with another persons use or enjoyment of land, or their rights over it” defined in Halsey v Esso Petroleum
Difference between physical damage and once inteference
Latter must prove unreasonableness.

Question 2

Examples of interference

Answer 2

• noises/vibrations
  -smells
  -lowering tone of an area
  -heat/dust/light
• natural causes, when D knew of them but did not take precaution to prevent them

Question 3

Factors the courts use to look for unreasonableness

Answer 3

Locality= disturbing character of an area is unreasonable
Duration= if regular and ongoing then unreasonable
Malice= if D shows malice toward C
Human Rights= interfering with right to privacy/family life is unreasonable
Particular sensitivity of C= is NOT unreasonable as this is out of D’s control

Question 4

Defences

Answer 4

• statutory authority if authorises interference
• planning permissions cannot be a full defence however can be taken into consideration
• prescription- where interference is uniformly created by D as an actionable nusiance for over 20 years
• act of a stranger

Question 5

not allowed

Answer 5

‘moving to nusiance’ - C moved to the nusiance
social utility as a reason to continue interference