Private Nuisance Flashcards
Private Nuisance is defined as
‘Unlawful interference with a persons use or enjoyment of land, coming from neighbouring land’
Interference
Indirect -> Noise, smell, or smoke.
Direct -> Tree or Bamboo roots.
C must have
Legal interest in the land.
D does not have to … but…
D does not have to have a legal interest in the land. D can be anyone who causes or allows the nuisance. This is known as ‘adopting the nuisance.
C must prove
that the nuisance is an ‘unlawful’ use of land. But this does not mean against the law. It is interpreted as unreasonable behaviour. Rather than illegal.
In order to determine unreasonability The court must consider…
1.Locality 2.Duration 3.Sensitivity of C 4. Malice
Locality
The area the nuisance is taking place. Is it a residential area or an industrial area.
Costaki
Brothel in a residential area.
Duration
How long the nuisance is taking place. Usually must be continuous and at unreasonable times.
Kimbolton
Firework display. Considered an unreasonable nuisance even though it only lasted for 20 minutes.
Sensitivity of C
If C is particularly sensitive then it may not be considered a nuisance.
Morris
DJ. Railway caused sound interference.
Malice
If Ds act is deliberately harmful, then it will be considered unreasonable.
Silverfox
Mink farm and shotgun.
C has no right to…
TV reception, light or view. If C claims against D for restricting or blocking this then the claim will fail.
Hunter
Canary wharf office building blocked TV reception.
Social Benefit.
If D is providing a social benefit to the community then his actions may be considered reasonable.
Miller
Cricket club found to be both a nuisance and negligent. But it was ruled that the social benefit was of greater value.
State the Law
Private Nuisance is defined as ‘Unlawful interference with a persons use or enjoyment of the land, coming from neighbouring land’.
The interference is indirect (noise/smell/smoke), or direct (tree/bamboo roots)
C must have legal interest in the land. Where they are the owner or tenant of the property.
D does not have to have legal interest in the land. They can be anyone who has caused or allowed the nuisance to continue. This is known as ‘adopting the nuisance’.
C must prove that Ds actions are an unlawful use of land. This is interpreted as unreasonable, rather than illegal.
In order to determine unreasonably, the courts will consider: -
1. Locality: The area. Industrial or residential. Costaki.
2. Duration: Usually continuous or at unreasonable times. Kimbolton.
3. Sensitivity of C: If c is particularly sensitive, then Ds actions may not be unreasonable.
4. Malice: If Ds act is deliberately harmful then it will be unreasonable. SilverFox
C has no right to TV reception, light, or view.
Defences: Volenti, statutory authority, prescription, ‘coming to the nuisance’
Remedies: Injunction, abatement, damages.
How many defences?
4
Perscription
D has been doing it for 20+ years, without complaint.
Statutory authority
C is given legal permission.
Volenti
C has given consent to D
‘Coming to the nuisance’
Where C has come to the nuisance. Not a valid defence!
