Private Nuissance Flashcards
Defiance private nuisance
Unlawful indirect interference with another person’s use or enjoyment of land coming from neighbouring land
Explain claimant
Must have a proprietary interest in the land
Can only sue if you own the property/rent it
Hunter v Canary Warf
Loss of TV signal when canary built
Told us can’t claim for TV signal
Also said you need a legal interest in land
Explain defendant
The occupier of the land
They are causing or allowing the nuisance
If its naturally occurring nuisance and D is still liable if they know and do nothing about it
Tetley
Council allowed company to build go karting track in resisdential area
Council was sued as they allowed the track
Issue
Physical damage - automatically sue
Use/ enjoyment of land - have to look at the factors
What are actionable nuisances
Noise
Smells
Dust
Pets
Lights
Reputation
Pollution
What are NOT actionable nuisances
Loss of TV signal
Right to a view
Right to daylight
What are the 4 unlawful interference factors
- Locality
- Duration
- Sensitivity
- Malice
Explain locality
Residential area, should expect noise
Quiet area shouldn’t expect it
Explain duration
If its a one off short nuisance then unlikely
If it’d continuous then more likely to be a nusiance
Crown rivers cruises
Firework show for 20 minutes
Said 20 mins was long enough to be continuous
Explain sensitivity
you are sensitive or the way you use your land is sensitive
Unlawful if it’s foreseeable
Explain malice
If they are doing it with intention more likely to be a nuisance
Emmet
Guy breeding feretts to skin them
Defendant shot shot gun continuously to prevent this
C could claim as it was done with malice
What 4 defences are available
Prescription - if d’s actions have been actionable for 20 years then full defence given
Statuatory authority - allowed to do the nuisance as parliment has a law that says you can do it ~ full defence given
Moving to the nuisance - claimant decided to move to the nuisance ~ doesn’t work
Social work/ public benefit - say their actions benefit public ~ given lower compensation as D’s services benefit society
Allen
Oil refinery that neighbours said was noisy ands smelly
Couldn’t claim as they had statuatory authority
