Tort Law - Private Nuisance Flashcards
what is private nuisance?
there is an unlawful indirect interference with another person’s use of enjoyment of land, coming from neighbouring land
the claimant must have a…
proprietary interest (legal interest) in the land
what case example can be used for ‘claimant’?
Hunter v Canary Wharf - residents of a skyscraper claimed against CW for loss of view / light / TV signal. claim unsuccessful due to what they tried to claim against.
the defendant is usually…
the occupier of the land. they are causing or allowing the nuisance
what case example can be used for ‘defendant’?
Tetley - Council allowed a go kart club to use their land. Liable for nuisance as they permitted the actions.
what happens if it’s a naturally occurring nuisance?
if D knows about it and do nothing, they are still liable
what case example can be used for ‘naturally occurring’?
Leakey - National Trust knew of debris falling from a cliff. the debris cracked the foundations of C’s house. D liable as they knew of the cliff and did nothing.
what are actionable nuisances?
physical damage to property or if not physical damage, C must prove there is an unlawful indirect interference
what are indirect interferences that could amount to actionable nuisances?
noise/vibrations, smoke/fumes, smells or affects the character of the neighbourhood
what are not actionable nuisances?
natural light, view, TV signal
what factors are considered when determining whether it’s an unlawful/unreasonable interference?
locality, duration, sensitivity and malice
what does ‘locality’ mean?
busy area = expect noise/smells, quiet area = less noise expected
what does ‘duration’ mean?
the longer it goes on, the more of a nuisance it is
what does ‘sensitivity’ mean?
if land is being used in a sensitive way or if the claimant is sensitive, D must know
what does ‘malice’ mean?
intentionally causing a nuisance
