Nuisance

Question 1

What is nuisance?

Answer 1

Disputes between neighbours, where one neighbour is doing something on his land which unreasonably affects the others neighbours ability to use or enjoy her land

Question 2

Variety of activities?

Answer 2

Unpleasant smells 
Loud noises 
Vibrations from industrial machinery 
Hot air rising 
Smuts 
Smoke 
Pollution

Question 3

Who can be claimants?

Answer 3

According to HUNTER v CANARY WHARF , C must have a proprietary interest in the land that D is affecting by his activities.

Question 4

What do claimants include?

Answer 4

• An owner of land
• An occupier of land
• A tenant (but not her family)

Question 5

Who are the defendants?

Answer 5

D must have some degree of personal responsibility for the nuisance.

Question 6

What are the types of defendants?

Answer 6

• the creator of the nuisance
• an owner of the land
• an occupier of land who has adopted or continued the nuisance by failing to take reasonably steps to stop the nuisance.

Question 7

What happened in PAGE MOTORS v EPSOM & EWELL BOROUGH COUNCIL?

Answer 7

D was a liable in nuisance for failing to deal with travellers, who camped out on council land and then over a 5-year period, interferes with C’s car sales an business by burning rubber.

Question 8

What is private nuisance?

Answer 8

Just nuisance but between the d and C

Question 9

How do u succeed with private nuisance?

Answer 9

C must prove that D is doing an activity that causes substantial and unreasonable interference with C’s use or enjoyment of her land/or causes physical damage to C’s land.

Question 10

C must prove substantial interference with her use and enjoyment of land?

Answer 10

• if C is abnormally sensitive
• ## C will not be able to claim if the location of her premises mean’t it was reasonable to put up with the interference