Torts connected to land: Nuisance Flashcards
What is a private nuisance?
When action can be taken as there has been unalwful interference with a person’s use or enjoyment of land coming from a neighbouring land
What can a claim be?
Indirect - smoke, smell, noise
Direct - damage to property, trees
What case can be used for an indirect claim?
Halsey v Esso Petroleum
What case can be used for physical damage?
St Helens v Tipping
What can’t be claimed through private nuisance?
Personal Injury
Negligence
Malone v Laskey
What are the parties to an action?
The Claimant
The Defendant
The claimant
Must have an interest in the land e.g., owner/tenant
Use or enjoyment of land has been affected by the interference
Hunter v Canary Wharf?
A member of the owner’s family, if don’t have interest, can’t claim
McKenna v British Aluminum
Children affected by fumes and smells, no interest in land, able to claim
The defendant
Person causing/allowing nuisance
Can’t have interest in land/family member
Who could the defendant be?
Local Authority
Tetley v Chitty
When can the Occupier still be liable?
If didn’t cause it but didn’t deal with it
What happened in Leaky v National Trust?
Slippage of natural natural mound damaged claimant’s cottage
Defendant liable as they knew slippage might happen and failed to prevent it
Due to natural causes
When will it be reasonable to claim?
Noise
Smell
Vibrations
When won’t it be reasonable to claim?
TV signal
Loss of view
Right to light
What happened in Laws v Florinplace Ltd?
Residents able to claim nuisance when shops, houses and restauranats were converted into the sex shops
What happened in Thompson-Schwab v Costaki?
Running a brothel was seen to be a nuisance
What happened in Fearn and Others v Tate Galley?
Overlooking doesn’t fall into nuisance as we have the right to view - told them to move or put curtains up
What is prima - facie?
An obvious nusiance at first glance like physical damage
What happens if the nuisance is not prima facie?
The courts will establish the resonable factors
What are the different reasonable factors?
Locality
Duration
Sensitivity
Malice
What is locality?
The character of the neighbourhood will be considered to estbalish whether the nuisance is reasonable
What happened in Kennaway v Thompson?
Successfull is nuisance claim as locality of area changed
What must the nusiance be ?
Continuous
Unreasonable times of day
What happened in Crown River Cruises Ltd v Kimbolton Fireworks?
20 mins firework was held to be a nuisance
What is sensitivity?
Not reasonable for D to be liable if C is particularly sensitive
What happened in Network Rail Infrastrucutre v Morris?
Amps of electric guitar being sensitive to track circuit was not foreseeable so D not liable
What is malice?
A deliberatley harmful act
What happened in Hollywood Silve Fox Farm v Emmett?
Shooting the guns near the Mink was malice was D was liable
What are the defences for nuisance?
Prescription
Consent
Moving to nuisance
Social benefit
Statutory Authority
Planning Permission
What is prescription?
If action carried out for at least 20 yrs with no complain, D may have prescriptive right to continue
What happened in Sturges v Bridgman?
Prescrpton failed as nuisance only began when consulting room was built
What is consent?
Full defence
If consented, D not liable
C won’t receive any damaged
What is moving to the nuisance?
Always fails
May argue only suffering nuisance as they moved closer but will fail
Miller v Jackson
What is social benefit?
If D provides benefit, action may be reasonable
What happened in Miller v Jackson?
Community use of cricket ground outwighed private use of garden so as not a nuisance
What happened in Adams v Ursell?
Fish and chip shop was causing nusiance due to smell
What is statutory authority?
If Parliament passes law which allows nuisance to happen, won’t be a nuisance
Allen v Oil Gulf Refining
What is planning permission?
Not an absolute defence
Just evidence
If character of neighbourhood does change, could lead to nuisance being reasonable
What happend in Gillingham Borough Council v Medway Dock Co?
No actionable nuisance because granting planning permission changed the character of neighbourhood
What are some remedies?
Injunctions
Damages
What are prohibitory nuisances?
Order D to stop causing nuisance
What are positve nuisances?
Make D do something
Coventry v Lawrence
What is abatement?
Entering D’s premises to prevent further nuisances
