Torts Connected To Land Flashcards
What does the law of tort provide
The possibility of a claim if this action continues beyond what is reasonable
This would be a nuisance
Whats an example of an unreasonable behaviour
Loud parties every week
What are the two types of nuisance
- Public nuisance
- Private nuisance
What is public nuisance
It arises from an act that endangers the life, health, morals or comfort of the public
What is private nuisance
Caused by someone doing something on their own land which they are lawfully entitled to do but that becomes a nuisance
Is nuisance a criminal or civil issue
It can be both as statute has made some nuisances a criminal offence.
When does private nuisance apply
It applies where only one person is affected by the use of land in the locality
What did Fearne v Tate Gallery define nuisance as
‘A use of land which wrongfully interferes with the ordinary use and enjoyment of land’
What are examples of indirect interference
A smoke, smell or noise
What are examples of direct interference
Encroachment on a neighbour’s land. Physical injury to the land such as an overhanging branch
The claimant
The claimant must have an interest in the land e.g. owner or tenant
Members of the owners family cannot claim if they don’t have an ‘interest’. However, if the owner was affected too, they could claim on the family members behalf
Hunter v Canary Wharf
Facts: the claimants sought a remedy for the loss of TV reception due to new buildings
Held: the HoLs decided that was not an unlawful nuisance
The defendant:
D is the person who is causing or allowing the nuisance
It can be an occupier (leaky v national trust)
They cannot have an interest in the land
Leaky v National Trust
Facts: D’s owned land where there was a large natural mound on a hillside that slipped, damaging the claimant’s cottage
Held: Ds were liable as they knew that a slippage might happen and failed to prevent it
