Torts connected to land - Private Nuisance Flashcards
What are the three basic elements of a private nuisance claim?
Unlawful
Interference
Reasonableness of the use of land
Which case states that a claimant must have an interest in land to sue for private nuisance?
hunter v canary wharf
Which case states that an occupier who knows of a danger/nuisance and allows it to continue is liable even if it was created by a previous owner or trespasser?
Sedleigh Denfield v O’Callaghan
Which case for private nuisance states that D can also be liable when a nuisance is a result of natural causes of which they are aware, but fail to fix?
Leakey v National Trust
Which case is the authority for prescription and discusses the importance of location as a factor of reasonableness?
sturges v bridgman
For which defence is Allen v Gulf Oil Refinery an authority?
statutory authority
Which case for private nuisance shows that the courts cannot impose a duty of care which is impossible to fulfil?
Holbeck Hall Hotel v Scarborough BC
What are the five factors of reasonableness?
Locality
Duration
Sensitivity of the claimant
Malice
Social benefit
What is private nuisance?
An unlawful interference with a person’s use or enjoyment of land coming from neighbouring land.
Which case is the authority for social benefit as a factor of reasonableness?
miller v jackson
which case shows that it may not always be the case for social benefit?
adams v ursell
What are the three recognised categories of nuisance from the decision in Hunter v Canary Wharf?
encroachment
physical damage
c enjoyment of their property
which case shows that there can be a combination of nuisances?
miller v jackson
Which case for private nuisance shows that emotional distress will be considered for interference?
thompson-schwab v costaki
What are the main defenses to a private nuisance claim?
prescription
statutory authority
moving to the land
which case shows that if it can be shows that c is particularly sensitive, then the action may not be nuisance?
Robinson v Kilvert
How has the test for sensitivity of the claimant developed in Network Rail Infrastructure v Morris
it has moved to a general test of foreseeability
Which case set the precedent for prescription?
Sturges v Bridgman
Which case is the authority for malice as a factor of reasonableness?
hollywood silver fox farm v emmett
which case shows that disruption to tv reception was not sufficient interference?
hunter v canary wharf
state the case for duration
Crown River Cruises v Kimbolton Fireworks
what is prescription?
Having become legally established or accepted by long usage or the passage of time
what is moving to a nuisance?
Not a defence to argue that the nuisance only exists because the claimant has moved closer to the nuisance
what is statutory authority?
Act of Parliament or planning permission allows the nuisance
