Private nuisanve

Question 1

Definition - common law

Answer 1

An indirect and unlawful interference with a persons use or enjoyment of land

Question 2

Inter fence can be physical- roots

Answer 2

Davey v Harrow corporation

Question 3

Interference can by physical- flooding

Answer 3

Sedleigh Denfield v O’Callaghan

Question 4

Interference can be non-physical- noise

Answer 4

Christie v Davey

Question 5

Interference can be non-physical- smell

Answer 5

Wheeler v Saunders

Question 6

Non-physical interfenve must make is physically unpleasant to be on the land

Answer 6

Halsey v Esso petroleum

Question 7

Emotional distress can be interference

Answer 7

Thompson Shwab V Costaki

Question 8

Continuing interfence- a natural hazard develops but D fails to take precautions to stop it interfering with other land

Answer 8

leaky v National trust

Question 9

Blocking view isn’t interfence

Answer 9

AG v doughty

Question 10

Recreational activities isn’t interference

Answer 10

Hunter v Canary walf

Question 11

Unlawful interference means unreasonable - this means goes beyond acceptable behaviour

Answer 11

Southwark v Mills

Question 12

Malice

Answer 12

Christie v Davey

Question 13

Locality- reasonable based on area

Answer 13

Sturges v Bridgman

Question 14

Physical damage doesn’t make locality acceptable

Answer 14

St Helen’s Smelting co v Tipping LTD

Question 15

Social benefit

Answer 15

Miller v Jackson

Question 16

Duration/ time

Answer 16

Halsey v Esso Petroleum

Question 17

Even temporary duration if severe enough

Answer 17

Crown river cruises v Kimbolton fireworks

Question 18

C’s sensitivuty/ fordeeeabke

Answer 18

Network rail infrastructure v Morris

Question 19

C must have legal rights in land to sue

Answer 19

Hunter vCanary Warf

Question 20

Created of nuisance/ land occupier can be sued

Answer 20

Tettley v Chitty

Question 21

Prescription

Answer 21

Sturges v Bridgman

Question 22

Planning permission