private nuiscance Flashcards
1
Q
two types of private interference are
A
loss of amenity-smoke noise
damage-physical
2
Q
tests to bring a private nuiscance claim
A
-must have interest in land (hunter)
-must be an interference
-must be sufficiently serious
3
Q
test for private nuiscance>sufficiently serious factors
A
nature of locality
duration
sensitivity
malice(hollywood farm v emettt)
social benefit
4
Q
defences to private nuiscance
A
prescription (fen tigers) 20yrs
statutory authority
moving to nuiscance
