Private Nuisance

Question 1

Private nuisance is concerned with …….. the rights of the ….. against ………… ……….. with the ………. of his land

There are two types

A
B

Answer 1

Private nuisance is concerned with protecting the rights of the occupier against unreasonable interference with the enjoyment of his land

There are two types

Loss of Amenity (smells smoke etc)
Material damage

Question 2

Parties to claim

The claimant must have a …….. ……. in the land as seen in …….

The person …… must be ……… or ……… the ………

Answer 2

Parties to claim

The claimant must have a legal interest in the land as seen in hunter v Canary Wharf

The person sued must be allowing or causing the nuisance

Question 3

Step 1 - unlawful ………

C must prove that D’s activity is an unlawful ……… of the ….. Unlawful does not mean ……., just ……….. in the way in which it ……… with the ……..

A claimant cannot try to protect a ……. of the area, right to ……. or ……… interference as seen in the case of ……..

Answer 3

Step 1 unlawful interference

C must prove that D’s activity is an unlawful use of the land. Unlawful does not mean illegal, just unreasonable in the way in which it interferes with the land.

A claimant cannot try to protect a view of the area, right to light or signal interference Hunter

Question 4

Step 2 - Factors of ………….

L - the character of the …… will be considered, whether or not it was ……… as seen in ………

D…….

S……. - takes ………… into account as seen in …….

M…….. - a …………. ………. act as seen in …….

S…….. - ……..

Answer 4

Factors of reasonableness

Locality - the character of the area will be considered, whether or not it was residential as seen in Sturges

Duration

Sensitivity - takes foreseeability into account as seen in Morris

Malice - a deliberately harmful act as seen in Davey

Social benefit - Miller

Question 5

Defences

Prescription - 20 years or more with no complaint.

Statutory authority - authorised by the government

Act of god - unforeseeable event

Answer 5

Defences

P…….. - … years or more with no ………

S…….. …….. - authorised by ………

Act of god - …….. event

Question 6

Remedies

The …….r tests 1…… set out that …….. should be awarded when the nuisance is ……

Answer 6

Remedies

The shelter tests 1985 set out that damages should be awarded when the nuisance is small.