Topic 7: Private Nuisance

Question 1

What are the elements of Private Nuisance?

Answer 1

1. Indirect (e.g. smell) 2. Must be continuous 3. Unreasonable 4. Interest in land required 5. Beyond a simple “inconvenience”

Question 2

What sorts of damage are required for a claim in Private Nuisance?

Answer 2

Either 1. Physical damage (e.g. overhanging trees) 2. Amenity damage (e.g. personal discomfort of the C)

Question 3

Who can sue under Private Nuisance?

Answer 3

Those with exclusive possession or a proprietary interest in the property (Canary Wharf v Hunter)

Question 4

What are the considerations to be made in regard to Private Nuisance?

Answer 4

1. Locality (Residential or Industrial?) 2. Malice 3. Duration/Extent of Interference 4. Public Interest

Question 5

Who can BE sued under Private Nuisance?

Answer 5

1. Creator of Nuisance 2. Occupier of land who allows Nuisance 3. Owner or Landlord if no notice was given

Question 6

Does locality matter when determining whether interference is lawful or unlawful?

Answer 6

For Amenity damage; YES. For Physical damage; NO