Rules of Private Nuisance

Question 1

Definition of Private Nuisance

Answer 1

‘Unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it’

Question 2

Example of Private Nuisance (not cases)

Answer 2

Conflicts between neighbors regarding exercising of rights and how that could influence the others enjoyment of their property.

Question 3

Nuisance may be:

Answer 3

Trivial or serious and tends to be ongoing problems that occur frequently enough to be hindering enjoyment of the land.

Question 4

Give an example of unreasonable enjoyment of land

Answer 4

Parties every weekend or any frequently occurring nuisance

Question 5

Give one example of a natural cause of nuisance with a case

Answer 5

Failed to deal with a landslide hazard that could put a neighbors property in jeopardy as seen in Leaky v National Trust

Question 6

Give the 3 elements of nuisance

Answer 6

Unreasonable use of land, indirect interference, and reduction in claimants use or enjoyment of their land.

Question 7

Give 5 examples of interference

Answer 7

Flooding (Sedleigh-Denfield v O’Callaghan), Smells (Wheeler v JJ Saunders), Encroachment (Lemmon v Webb), Noise (Kennaway v Thompson), Physical Damage (St Helen’s Smelting Co. v Tipping)