private nuisance scenario

Question 1

what is private nuisance

Answer 1

an unlawful interference with a person’s use or enjoyment of land coming from neighbouring land.

Question 2

what are the grounds to claim for private nuisance

Answer 2

C must be anyone who has their use and enjoyment of land affected

Question 3

claimant

Answer 3

Must have an interest in land (owner or tenant, not family members) (Hunter v Canary Wharf).
Must prove interference with enjoyment of land.

Question 4

defendant

Answer 4

Must be the person causing or allowing the nuisance (Tetley v Chitty).
Doesn’t need an interest in land (e.g., a short-term tenant can be held responsible).
Can be liable for natural causes if aware but fail to fix it (Sedleigh Denfield v O’Callaghan).
Courts consider defendant’s resources when imposing a duty (Holbeck Hall Hotel v Scarborough BC).

Question 5

types of interferences

Answer 5

Interference can be direct (encroachment), physical damage, or affect enjoyment (Hunter v Canary Wharf).
Physical Damage: Presumption of nuisance. Damage can be permanent or fixable.
Emotional Distress: Courts protect feelings of distress (Thompson-Schwab v Costaki).
View or Light: Not typically protected (Hunter v Canary Wharf), but visual intrusion can be (Fearn v Tate Gallery).

Question 6

reasonableness factors

Answer 6

Locality: The area’s character affects what’s considered a nuisance (Thesiger LJ).
Duration/Timing: Continuous or unreasonable hours of interference (e.g., late-night parties) are considered. Brief but unreasonable nuisances also count (Crown River Cruises v Kimbolton Fireworks).
Sensitivity of the Claimant: Interference should be foreseeable (Network Rail Infrastructure v Morris).
Malicious Acts: Deliberate harmful acts are usually unreasonable (Hollywood Silver Fox Farm v Emmett).
Benefit to Community: If the nuisance benefits the community, it may be reasonable (Miller v Jackson).

Question 7

defences

Answer 7

1. Statutory Authority: If the activity causing the nuisance is permitted by law (e.g., under a statute), this is a complete defence (Allen v Gulf Oil).
2. Prescription: If the nuisance has continued for 20 years without complaint, the defendant may acquire the right to commit it (Sturges v Bridgman).
3. Consent: The claimant may have consented to the interference.
4. Act of a Third Party/Nature: If the nuisance was caused by a third party or natural events and the defendant has not adopted it, this can be a defence (Sedleigh-Denfield v O’Callaghan).