U2 AOS1 - Nuisance

Question 1

Nuisance and its purpose

Answer 1

• Nuisance is a type of tort, or a civil wrong
• The purpose of nuisance is to ensure that individuals can enjoy public and private property without interference or annoyance

Question 2

Elements

Answer 2

• The plaintiff has a property right in or over the land
• There has been interference with the plaintiff’s use and enjoyment of the land
• The plaintiff suffers damage, loss or injury

Question 3

Property right

Answer 3

• The plaintiff must have a property right, or interest, in or over the land:
  
  • As the owner of the property
  • As a tenant of the property
  • As an individual accessing public property such as a public park or roadway
• Licensees or people with mere permission to be on the land cannot sue (such as customers in a hotel or shop)

Question 4

Interference

Answer 4

• The client of must establish that the defendant substantially and unreasonably interfered with their use and enjoyment of the land
• Use and enjoyment refers to living, commercial, or agricultural purposes
• Interference refers to noise, dust, vibration, water runoffs, objects, or obstruction

Question 5

Substantial and unreasonable

Answer 5

• The court will consider:
  
  • The nature of the interference
  • The time of day the interference occurs
  • The nature of the neighbourhood
  • Whether the interference is necessary for the community
  • Whether the interference is ongoing or intermittent
  • How long the interference has existed

Question 6

Loss, injury, disadvantage

Answer 6

• The plaintiff must establish that they have suffered some sort of injury, loss, or disadvantage
• Material damage refers to physical property damage (such as damage to crops)
  
  • Material damage is deemed a substantial and unreasonable interference
• Non material damage is injury to the plaintiff sensibilities (such as loss of enjoyment or sleep deprivation) or financial loss (such as loss of revenue)