Private nuisance

Question 1

What is private nuisance?

Answer 1

Defined as ‘an unlawful interference with a persons use or enjoyment of their land coming from neighbouring land.’

Question 2

Who is the claimant?

Answer 2

The basic rule is that anyone who has the use or enjoyment of their land affected by the interference may claim.
Must have an interest in the land.

Question 3

Who is the defendant?

Answer 3

• The person causing or allowing the nuisance may be liable. Tetley V Chitty.
• If occupier is not responsible for creating the nuisance but adopt it they may also be liable. Sedleigh Denfield V O’Callaghan
• Defendant may be liable where the nuisance is a result of natural causes and they fail to deal with it. Leakey V National trust.

Question 4

What does unlawful mean?

Answer 4

• ‘In all circumstances is it reasonable for the claimant to have to suffer the interference?’
• Claimant must prove that the defendants activity amounts to unlawful use of the land.
• Does not mean illegal just unreasonable.

Question 5

What is classed as indirect interference?

Answer 5

1. Fumes
2. Smells from farms
3. Noise
4. Vibrations from machines
5. Hot air
6. Oily smuts
7. Cricket balls being hit onto neighbouring land.

Question 6

What happened in Hunter V Canary Wharf?

Answer 6

They established that cannot take action to protect a view and TV interference.
Also established that the claimant must have a direct interest in the land.

Question 7

What are factors of reasonableness?

Answer 7

Court will take into account relevant factors to decide whether or not the use of the land is deemed to be unreasonable.

1. Locality, Character of the neighbourhood will be considered.
   Sturges V Bridgman.
2. Duration, To be actionable the nuisance is likely to be continuous. As opposed to temporary, the time of day will also be considered.
   Crown circus V Kimbolton
3. Sensitivity, If the claimant is particularly sensitive the action may not be a nuisance.
   Robinson V Kilvert.
4. Malice, Deliberately harmful act will always be considered a nuisance.
   Fox farm V Emmett.
5. Social benefit, If they are providing a benefit to the community they will not be liable.
   Miller V Jackson

Question 8

What defences are available for private nuisance?

Answer 8

• Prescription, if the action has carried on for over 20 years with no complaint they may have a prescriptive right to continue.
• Volenti non fit applies
• Moving to the nuisance may apply when the claimant only suffers as they have moved closer to the problem.
• Statutory authority may allow the nuisance to continue.

Question 9

What remedies are available for private nuisance?

Answer 9

• An injunction is the most common remedy and usually prevents them from continuing with the nuisance.
• An abatement, is a self-help remedy which allows the claimant to deal with the nuisance themselves.