Private Nuisance

Question 1

Private Nuisance is defined as

Answer 1

‘Unlawful interference with a persons use or enjoyment of land, coming from neighbouring land’

Question 2

Interference

Answer 2

Indirect -> Noise, smell, or smoke.

Direct -> Tree or Bamboo roots.

Question 3

C must have

Answer 3

Legal interest in the land.

Question 4

D does not have to … but…

Answer 4

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.

Question 5

C must prove

Answer 5

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.

Question 6

In order to determine unreasonability The court must consider…

Answer 6

1.Locality 2.Duration 3.Sensitivity of C 4. Malice

Question 7

Locality

Answer 7

The area the nuisance is taking place. Is it a residential area or an industrial area.

Question 8

Costaki

Answer 8

Brothel in a residential area.

Question 9

Duration

Answer 9

How long the nuisance is taking place. Usually must be continuous and at unreasonable times.

Question 10

Kimbolton

Answer 10

Firework display. Considered an unreasonable nuisance even though it only lasted for 20 minutes.

Question 11

Sensitivity of C

Answer 11

If C is particularly sensitive then it may not be considered a nuisance.

Question 12

Morris

Answer 12

DJ. Railway caused sound interference.

Question 13

Malice

Answer 13

If Ds act is deliberately harmful, then it will be considered unreasonable.

Question 14

Silverfox

Answer 14

Mink farm and shotgun.

Question 15

C has no right to…

Answer 15

TV reception, light or view. If C claims against D for restricting or blocking this then the claim will fail.

Question 16

Hunter

Answer 16

Canary wharf office building blocked TV reception.

Question 17

Social Benefit.

Answer 17

If D is providing a social benefit to the community then his actions may be considered reasonable.

Question 18

Miller

Answer 18

Cricket club found to be both a nuisance and negligent. But it was ruled that the social benefit was of greater value.

Question 19

State the Law

Answer 19

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.

Question 20

How many defences?

Answer 20

4

Question 21

Perscription

Answer 21

D has been doing it for 20+ years, without complaint.

Question 22

Statutory authority

Answer 22

C is given legal permission.

Question 23

Volenti

Answer 23

C has given consent to D

Question 24

‘Coming to the nuisance’

Answer 24

Where C has come to the nuisance. Not a valid defence!

Question 25

How many remedies

Answer 25

3

Question 26

Injunction

Answer 26

An order to stop.

Question 27

Damages

Answer 27

C will be awarded damages

Question 28

Abatement

Answer 28

C will be allowed onto Ds land in order to stop the nuisance.