What is nuisance primarily concerned with?
It is a tort that is primarily concerned with conflict over the competing use of land by two or more individuals
When does nuisance becomes public
Attorney General v PYA Quarries:
Nuisance becomes public when its effects are so widespread and indiscriminate that the community as a whole is affected, not just an individual. It must convene the general public’s comfort, safety and convenience
Can little things sure as industrial noise and fumes amount to nuisance?
Yes. Halsey v Esso Petroleum;
Industrial noises and fumes can amount to nuisance if it is not in the suitability of the locality and substantially affects public comfort or causes special damage to an individual beyond ordinary annoyance
What is private nuisance
Private nuisance is an indirect interference with a person’s use or enjoyment of their land, or some right connected to it.
When can an individual sue under public nuisance?
Halsey v Esso Petroleum;
When the individual suffers special damages beyond ordinary annoyance.
Also highlighted in the case of CFC Construction Company v Accra City Council
What is private nuisance?
A defendant is guilty of private nuisance, if he does an unreasonable act which either (a) indirectly causes physical injury to land; or; (b) substantially interferes with another’s use or enjoyment of his land or of an interest in land or both. The crux of nuisance then is unreasonableness of conduct.
Can activities that are part of ordinary life amount to nuisance?
They can only constitute nuisance if done unreasonably - Bamford v Turnley
Can a landowner be liable for nuisance created by another?
Sedleigh Denfield v O’collaghan.
A landowner will only be liable if they knew or ought to have known of the nuisance created by the other person.
But can a lawful act be nuisance if it is done maliciously?
Christie v Davey
If the defendant’s main purpose is to annoy or injure their neighbor, their conduct becomes unreasonable and hence nuisance
When can a lawful act not constitute nuisance when done maliciously?
When the defendant is exercising a legal right and doing so reasonably.
Bradford Corporation v Pickles
