Torts connected to land - Private Nuisance

Question 1

Private Nuisance

Answer 1

An unlawful interference with a persons use or enjoyment of land or some right over, or in connection with it.

Question 2

Who can claim ?

Answer 2

-The claimant must have an interest in the land
-Includes being an owner or a tenant but not a member of the owners family
-Confirmed in Hunter v Canary Wharf Ltd

Question 3

What amounts to a nuisance

Answer 3

Claimant will have to show “an unlawful interference with a persons use or enjoyment of land or some right over, or in connection with it”

Claimant cannot take action to protect a right to:
-A view - Fearn and others v Board of Trustees of the Tate Gallery
-TV Reception - Hunter v Canary Wharf Ltd
-Light

Question 4

What will the courts consider when deciding if it is an unreasonable interference

Answer 4

-Malice
-Social benefit
-Sensitivity
-Locality
-Duration

Question 5

Duration

Answer 5

-Interference must be continuous and at unreasonable hours
-One off is not sufficient
-Crown River Cruises Ltd v Kimbolton Fireworks

Question 6

Sensitivity of Claimant

Answer 6

-If the claimant is particularly sensitive then activity may not be a private nuisance
-Robinson v Kilvert

Question 7

Locality

Answer 7

-Characteristics of area will be considered, whether is is purely residential, partly residential and partly commercial, if it is situated in town or country and has changed in character over time
-Sturges v Bridgman - ‘what would be a nuisance in Belgrave square would not necessarily be so in Bermondsey’

Question 8

Malice

Answer 8

-A deliberate harmful act will be considered unreasonable behaviour and a nuisance
-Christie v Davey

Question 9

Social Benefit

Answer 9

-If it is considered that the defendant is providing a social benefit to community then the court may consider the actions reasonable
-Miller v Jackson

Question 10

Defences for Private Nuisance

Answer 10

-Prescription
-Moving to the nuisance
-Statutory authority
-Volenti or consent

Question 11

Prescription defence

Answer 11

-Defence that is unique to private nuisance
-If action has been carried out for at least 20 years, and no compliant has been made in that time by either party, then the defendant has a prescriptive right to continue
-Coventry v Lawrence

Question 12

Moving to the nuisance

Answer 12

-Defendant may argue that the claimant has moved closer to the nuisance and that there no was no issue previously
-Sturges v Bridgman

Question 13

Remedies

Answer 13

-Injunction - coventry v Lawrence
-Abatement - Lemmon v Webb