Private Nuisance

Question 1

What is a private nuisance ? what case established this

Answer 1

• A private nuisance is an interference with a person Enjoyment and use of his land
• established in Hunter v canary wharf

Question 2

What are the three kinds of private nuisances ?

Answer 2

• Nuisance by encroachment a neighbours land eg the roots from a tree grow under the ground into my neighbours garden , damaging the foundations of my neighbours house
• Nuisance by direct physical injury to a neighbours land eg driving a car onto the neighbour garden damaging
• Nuisance by interference with a neighbours quiet enjoyment of his land: playing music to stop neighbours from sleeping

Question 3

What are the two types of nuisances ?

Answer 3

• Private nuisance

- Public nuisance

Question 4

What is private nuisance ?

Answer 4

Private nuisance is a land based tort that in order to be successful there needs to be an interest in the land

Question 5

what are the things that need to be considered when discussing a successful claim of nuisance

Answer 5

• who can be a claimant
• who can be a defendant
• has there been an interference with the claimants use of enjoyment of the land
• Can the defendant establish a defence
• What remedies are available

Question 6

What is meant by claimant ?

Answer 6

This means that
a claimant must have an interest in the land and this has been affected by the private nuisance this has been established in the case of Foster v warblington udc
- Hunter v Canary Wharf

Question 7

What case established that the claimant must have an interest in the land ?

Answer 7

• Foster v Warblington UDC - which established that exclusive possession is regarded as having an interest in the land
• Malone v Laskey - no claim could be made because the wife didn’t have a direct interest in the land
• Khorasandjian v Bush -established that phone call harassment can be seen as a private nuisance because it affects the enjoyment of the land

Question 8

What has the case of Hunter and others v canary wharf ltd and hunter and othees v london docklands corporation state ?

Answer 8

this case established that only one householder with a right to land can commence an action in private nuisance

Question 9

Who can a defendant be ?

Answer 9

• The person who causes the nuisance or:

- someone who allows the nuisance to continue such as landlords

Question 10

What cases illustrate the law on defendant regarding private nuisance?

Answer 10

• Sedleigh v o callaghan - this held that a person can be liable for being aware of the nuisance
• Tetley v chitty - established that landlords can be liable for private nuisance

Question 11

Can occupiers be liable in private nuisance ?

Answer 11

• they can if they bear some personal responsibility for it for example
• the occupier was aware of the nuisance created by a stranger
• if the nuisance was created by an act of nature and she or he knew about it
• if the nuisance was created by the previous occupier and she or he knew about it

Question 12

When can an landlord be liable for private nuisance ?

Answer 12

• if the landlord authorises the tenant to commit a private nuisance
• A private nuisance is created during the tenancy and there is no agreement and the tenant making the tenant responsible for the repairs

Question 13

Explain what is meant by has there been an interference with the use of the land ?

Answer 13

• this suggests that an interference with the land can occur in two ways through:
• physical damage of the land, example In malone v laskey with vibrations. tehre can also be blocking pipes , flooding , dust
• Loss of amenity - this means loss of enjoyment for example in Wheeler v jj saunders and smells
• Kennaway v thompson - noise

Question 14

What does loss of amenity mean ?

Answer 14

this means loss of enjoyment of the use of the land

Question 15

What case can be used to show loss of amenity ?

Answer 15

• Wheeler v saunders smell.

- Kennway v thompson, noise .

Question 16

Explain what it means by unreasonable use of land

Answer 16

this means that the use of the land which is the source of the nuisance must be unreasonable for a successful claim. there are fctors that affect this eg
considerations for example

• the sensitivity of the claimant
• the duration of the interference and the nuisance and the degree of interference
• the locality
• the reasonable foreseeability of the type of damage
• Any malice on the part of the defendant

Question 17

What is meant by the character of the area( locality)

Answer 17

• this is a factor that is relevant in deciding whether there is a private nuisance for example Sturges v bridman “ what may be a nuisance in belgrave square would not necessarily be in bemondsey
• St helens smelting v tipping - there was a nuisance

Question 18

is location more relevant than physical damage ?

Answer 18

• no physical damage is much more important than location

River cruises v kimbolton fireworks

Question 19

What is meant by coming to a nuisance ?

Answer 19

this means that if a person comes/ moves towards the nuisance that was already there there is no liability eg Miller v jackson

Question 19

What is meant by coming to a nuisance ?

Answer 19

this means that if a person comes/ moves towards the nuisance that was already there there is no liability eg Miller v jackson

Question 20

What is meant by the duration and time of the nuisance ?

Answer 20

• This is a factor that must be considered when discussing the unreasonable use of land
• the duration of the nuisance can determine if there has been a nuisance for example in Hasley v Esso petroleum co ltd
• ## The nuisance generally has to be a continuing state of affairs this means the longer the nuisance goes on the more likely it is to be a nuisance eg in Crown river cruises ltd vKimbolton waterworks ltd even tho it was only 20 mins it still caused a nuisance because there was physical damage

Question 21

What is meant by the duration and time of the nuisance ?

Answer 21

• This is a factor that must be considered when discussing the unreasonable use of land
• the duration of the nuisance can determine if there has been a nuisance for example in Hasley v Esso petroleum co ltd
• ## The nuisance generally has to be a continuing state of affairs this means the longer the nuisance goes on the more likely it is to be a nuisance eg in Crown river cruises ltd vKimbolton waterworks ltd even tho it was only 20 mins it still caused a nuisance because there was physical damage

Question 22

What does it mean by Degree of interference ?

Answer 22

this is another consideration that suggests if there is a claim in public nuisance of not
- the greater the interference the more likely it is to be a nuisance
- the interference must materially interfere with ordinary existance
for example in the case of Murdock v Glacier metal

Question 23

What does it mean by Degree of interference ?

Answer 23

this is another consideration that suggests if there is a claim in public nuisance of not
- the greater the interference the more likely it is to be a nuisance
- the interference must materially interfere with ordinary existance
for example in the case of Murdock v Glacier metal

Question 24

What case illustrated that the there was no ordinary material existence ?

Answer 24

Murdock v glacier metal

Question 25

What is meant by the sensitivity of the claimant ?

Answer 25

this means that the standard of tolerance is that of the reasonable person and ordinary land use - this suggests that overly sensitive claimants or the use of land for unusual purpose that make it sensitive for disruption are unlikely to succeed in a claim of private nuisance - seen in the case of Robinson v Kilvert and Mkinnon v walker

Question 26

What cases established that overly sensitive claimants will be unsuccessful in their claim of nuisance

Answer 26

- Robinson v Kilvert | - Mkinnon v walker

Question 27

What is meant by acts of malice ?

Answer 27

- Acts of malice can affect the successfulness of an action in private nuisance even if the act amounts to the unreasonable use of land eg in - Hollywood Silver Fox Farm Ltd v Emmett

Question 28

What is meant by reasonable foreseeability of types of damage ?

Answer 28

- this means that it needs to be shown that the type of nuisance was reasonable foreseeable which was established in Wagon Mound 1 which held that nuisance required foresseeabilty of the type of damage - Camebridge water co v eastern countries leather plc

Question 29

What is meant by damage ?

Answer 29

-Private nuisance cannot be actionable per se like in public nuisance there needs to be some type of damage , harm , inconvenience etc

Question 30

What are the two main defences for private nuisance ?

Answer 30

- Statutory authority | - Prescription

Question 31

What is meant by Statutory Authority ?

Answer 31

This means when a Defendant can show that they have a statutory right to make a nuisance then there is no liability if there d takes reasonable steps to take claimants interests - reinforced in the civil aviation act 1982 s76

Question 32

What is meant by prescription ?

Answer 32

- Prescription is the claim that a defendant who has acted in the same way for a long period of time eg 20 years there is no liability . - this is also known as EASMENT BY PRESCRIPTION and can be used on property law - Bliss v Hall - CAN BE USED as a defence for coming to the nuisance

Question 33

What are some remedies for private nuisance ?

Answer 33

- Damages - this is the aim to put the claimant in the same position they would gave been if the tort did not occur. if the damages have been caused by physical damage then damages are wareded in repair or replacement costs - Injuctions - these are court order that can prohibit or control activity eg in Kennaway v thompson - Abatement - this is when the claimant can take steps to deal with the nuisance themselves eg hopping branches off that are on their land but there are restrictions to this .

Question 34

What are some remedies for private nuisance ?

Answer 34

- Damages - this is the aim to put the claimant in the same position they would gave been if the tort did not occur. if the damages have been caused by physical damage then damages are wareded in repair or replacement costs - Injuctions - these are court order that can prohibit or control activity eg in Kennaway v thompson - Abatement - this is when the claimant can take steps to deal with the nuisance themselves eg hopping branches off that are on their land but there are restrictions to this .

Question 35

what case changed the common remedy ?

Answer 35

- Coventry v Lawson which changed the common remedy of an injunction and laid down guidance eg

Question 36

What are some evaluations for private nuisance and the overlaps of nuisance and negligence ?

Answer 36

- There is an overlap between negligence and p nuisance . they both require foreseeability and a type of damage but in nuisance there needs to be damage to land , . remedies are similar eg in negligence one of the remedies is damages eg in Miller v Jackson . -Lord Denning stated that there are many cases where the tort of negligence overlaps with p nuisance