Private Nuisance

Question 1

Private nuisance - definition + authority

Answer 1

Found in winfield and jolowicz on tort - unlawful interference with a persons use or enjoyment of land, or some right over, or in connection with it
Unlawful means unreasonable - all have to tolerate minor stuff
Concerned with infringement of private rights mainly between neighbours

Question 2

Relevant factors in private nuisance

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Answer 2

Character of the neighbourhood - St. Helens smelting co v tipping 1865 - distinction between physical damages (court not required to have any regard) and personal discomfort (court required)
Abnormal sensitivity - no special protection - Robinson v kilvert 1889
Duration - must be continuous - spicer v smee
Public benefit - unlikely to outweigh
Malice - likely nuisance - Hollywood silver fox farm v emmett 1936 -
Natural hazards -,if aware of danger liable reasonable time to remove -Leakey and ors v national trust 1980
Negligence- if negligent may be a relevant factor

Question 3

Who can sue in private nuisance

Answer 3

Proprietary interest in the land
Someone with exclusive possession
Owners occupiers and tenants

Can’t sue
Occupy land with permission
Guests,lodgers

Question 4

Who is liable in private nuisance

Answer 4

Creator - someone who does a positive act to create nuisance even if now occupied by someone else - rose well v prior 1701
Occupier - usual liable for his own acts and also those of employees (vicarious liability), Independant contractors, previous owners, trespassers (sedleigh-denfield v o’callagan 1940) if adopt or continue
Landlord - usually not unless - let for reason to cause, started at beginning of letting , landlord promised to repair

Question 5

Private nuisance - damage recoverable

Answer 5

Physical harm to any lands or buildings

Interference with the quiet enjoyment of the land

Question 6

Private nuisance - remoteness

Answer 6

Courts must decide whether kind of damage which occurred was reasonably foreseeable at the time

Question 7

Private nuisance - to be successful c needs 4 things

Answer 7

A) c is an owner occupier or tenant of affected land - Malone v las key
B) the interference is unreasonable use and unreasonable interference- London borough of Southwark v mills
C) the interference constitutes continuous activity - spicer v smee
D) c has suffered damage due to the interference

Question 8

Defences to private nuisance - 6 to consider

Answer 8

Prescription - claiming have right as have been doing for more than 20 years
Statutory authority -
Contributory negligence
Claimants consent
Act of God or nature
Ineffective defences - came to nuisance, public benefit, contributory action of others

Question 9

Remedies to private nuisance

Answer 9

Damages - physical and personal discomfort Delaware mansions lTd and another v Westminster cc 2002 - tree roots
Injunctions - not awarded if damages adequate - Miller v Jackson 1977 bought house next to cricket ground more important played cricket- kennaway v Thompson 1981, granted on some activities
Abatement - self help - enter and fix yourself - mills v broker 1919

Question 10

Private nuisance - problem question structure

Answer 10

.Definition 
Interest in land - claimant 
Defendant -creator / occupier etc 
Substantial reasonable. Interference ? Being factored
Charac of neighbourhood 
Excessive 
Duration and continuity 
Abnormal sensitivity 
Public benefit 
Malice or negligent

Causation
Remoteness
Defences
Remedies