Private nuisance

Question 1

What id the definition of private nuisance

Answer 1

Private nuisance is an indirect, unreasonable interference with the claimants enjoyment or use of their land

Question 2

Who can make a claim?

Answer 2

Those who have propriety interest

Hunter V Canary Wharf

Question 3

who is a defendant?

Answer 3

anyone who-
- causes or creates the nuisance
- adopts the nuisance
- allows the nuisance

Tetley V chitty

Question 4

What Is an indirect interference?

Answer 4

Something emitted from the claimants land onto the defendants

• fumes ( Bliss V Hall)
• Vibrations (Sturges and Burges)

Question 5

What are factors of unreasonable interferences?

Answer 5

• locality ( Laws V florin place)
• timing and duration (bolton v stone
• Seriousness ( Halsey v esso petroleum)
• sensitivity ( Robinson V Kent)
• malice shown by either party (Hollywood silver fox farm v Emmett)

Question 6

What is forseeablitly ?

Answer 6

Asks whether a person could or should have foreseen the harms resulted from their actions
wagon mound

Question 7

What are defences to nuisance?

Answer 7

• prescription
• statutory authority
• planning permision
• act of a stranger
• volenti
• public policy