Private Nuisance

Question 1

Definition of Nuisance

Answer 1

An unlawful indirect interference with a person’s use or enjoyment of land

Question 2

1st Element

Answer 2

Identify Claimant

Question 3

What must a Claimant have

Answer 3

Claimant must have a proprietary interest in the land

Question 4

Claimant Case

Answer 4

Hunter v Canary Wharf - Claimants who did not own or were not tenants could not claim

Question 5

What is a Defendant

Answer 5

Any person whose activities cause unlawful interference with another’s use or enjoyment of land

Question 6

Types of Defendant

Answer 6

• Adopted nuisance
• Authorising nuisance
• Natural Act

Question 7

Adopted Nuisance Case

Answer 7

Sedleigh v O’Callaghan - D knew of the installed pipe but did nothing about it

Question 8

Authorising Nuisance Case

Answer 8

Tetley v Chittey - D knew lease for go-karting would cause nuisance

Question 9

Natural Act Case

Answer 9

Leakey v National Trust - D knew land could slip which it did, damaging C’s cottage

Question 10

2nd Element

Answer 10

Indirect Interference

Question 11

What can indirect interference be

Answer 11

Can be physical damage to land or loss of enjoyment

Question 12

Types of indirect interference

Answer 12

• Noise
• smell
• cricket balls
• shops

Question 13

Example of Noise Interference

Answer 13

Sturges v Bridgman - Vibrations from industrial machinery

Question 14

Example of Smell Interference

Answer 14

Bliss v Hall - Fumes from neighbouring land

Question 15

Example of Cricket Balls Interference

Answer 15

Miller v Jackson - continuous interference from cricket balls

Question 16

Example of shops Interference

Answer 16

Laws v Florinplace - adult shops in a residential area

Question 17

3rd Element

Answer 17

Unlawful

Question 18

Explain Unlawful/Unreasonable

Answer 18

Court will ask whether it is reasonable for the claimant to have to suffer particular interference

Question 19

Examples of Unlawful/Unreasonable use of Land

Answer 19

• Locality
• Duration
• Degree of Interference
• Sensitivity of the Claimant
• Social Utility
• Malice

Question 20

Example of Locality

Answer 20

Sturges v Bridgman - Doctor caused substantial and unreasonable interference with a neighbour’s use of their property, even if activity existed first

Question 21

Locality Quote

Answer 21

“What would be a nuisance in Belgrave square would not be so in Bermondsey”

Question 22

Example of Duration

Answer 22

Crown River Cruises v Kimbolton - D’s firework display only lasted twenty minutes, debris set a river barge alight causing physical damage

Question 23

Example of Degree Interference

Answer 23

Murdoch v Glacier Metal - No nuisance as there was a considerable amount of noise from a nearby road

Question 24

Explain sensitivity of claimant

Answer 24

Bridlington Relay v Yorkshire Electric -Claimant will not succeed if using his property for an extra sensitive purpose

Question 25

Example of Sensitivity of Claimant

Answer 25

Bridlington Relay v Yorkshire Electricity - No nuisance as power cables would not have interfered with an ordinary use of land

Question 26

Example of Social Utility

Answer 26

Denis v MOD - Nuisance with award of damages as flights were needed to allow country to defend itself

Question 27

Example of Malice

Answer 27

Christie v Davey - Unlawful as D's activities were deliberate Hollywood Silver Fox Farm v Emmet

Question 28

Types of Defences

Answer 28

- Statutory Authority - Prescription

Question 29

Types of Remedies

Answer 29

- Injunction - Damages - Abatement

Question 30

Define Statutory Authority

Answer 30

Public body is allowed to cause nuisance if it is acting in accordance with legislation

Question 31

Example of Statutory Authority

Answer 31

Allen v Gulf Oil Refining - Oil refinery was built under powers contained in an Act of Parliament

Question 32

Define Prescription

Answer 32

If D has committed a nuisance without objection from C for a period of twenty years, no liability arises

Question 33

Example of Prescription

Answer 33

Sturges v Bridgman - D's business only became a nuisance when Clt moved next door, so the period of time was not long enough to qualify

Question 34

Define Injunction

Answer 34

Court Order which either prohibits or controls activity. It is only imposed when there is a substantial nuisance

Question 35

Example of Injunction

Answer 35

Kenaway v Thompson - Injunction granted to limit the use of a lake, close to clt's house, for the racing of motor boats

Question 36

When should damages replace Injunction + Case

Answer 36

Shelfer v City of London Electrical Lighting co: - Injury to Clt's rights was small - clt can be compensated by a small amount of money

Question 37

Abatement meaning

Answer 37

Claimant takes reasonable steps to deal with any nuisance themselves

Question 38

Examples of Abatement

Answer 38

Lemmon v Webb - Clt chop down overhanging branches