Private nuisance

Question 1

definition

Answer 1

indirect, substantial, and unlawful interference with a person’s ordinary use or enjoyment of land

Question 2

5 elements of the tort

Answer 2

1. C must be able to sue D
2. Indirect interference
3. interference with C’s common and ordinary use of land
4. Interference must be substantial
5. Interference must be unlawful

Question 3

element 1 case

Answer 3

Who can sue?
C must have a proprietary right in the land- Hunter v Canary Wharf
Who can be sued?
usually the creator of the nuisance but can be owner or occupier of the land- Tetley v Chitty

Question 4

element 2 case(s)

Answer 4

Indirect interference
Physical: Sedleigh v O’callaghan
Non-Physical: Christie V Davey-noise
Wheeler v Saunders-smell
Continuing Interference: Leakey v National Trust

Question 5

element 3 case(s)

Answer 5

Is D affecting C’s common and ordinary use of land?
Sensitivity: Network rail v Morris
Recreational activities or things of delight: AG v Doughty, Hunter v Canary Wharf

Question 6

element 4 case

Answer 6

Substantial interference
Halsey v Esso
physical: anything physical is enough to be substantial interference
non-physical: must make it physically unpleasant to be on the land to be substantial

Question 7

element 5 case(s)

Answer 7

Unlawful interference
Fearn v Tate Gallery- Is D’s use common and ordinary?
Locality: Sturges v Bridgman
Duration: Halsey v Esso- all day and all night
Crown river v Kimbolton- even a temporary interference can go beyond common and ordinary use if severe
Malice: Christie v Davey- does D have bad intentions?

Question 8

defences

Answer 8

Prescription: 20+ years D can continue the activity- Sturges v Bridgman was under 20
Planning permission: Wheeler v Saunders

Question 9

remedies

Answer 9

Injunction: D can be made to stop doing something
Damages: awarded where C has suffered a loss or discomfort
Abatement: Letting C do something to prevent the nuisance