The Tort of Nuisance: Private Nuisance

Define Private Nuisance

An activity which interferes with a person's ability to use his own land in a reasonable way

What does a claimant need to show to make a claim for private nuisance

1) Legal interest in the land

2) The person they're suing is capable of being a defendant

3) There is an interference in either physical damage to the land or loss of amenity

4) The interference is sufficiently serious in all circumstances to be unlawful

Define legal interest and apply relevant case

Someone who is a tenant or owner of the land (Hunter v Canary Wharf)

Define what a defendant is in private nuisance

The creator of the nuisance or someone who adopts or continues this activity (Sedleigh-Denfield v O'Callaghan), Furthermore it is possible for the landlord to be liable for the actions of the tenant if they approved it (Tetley v Chitty)

What are the two types interference

1) Physical damage- This is physical damage to land and goods stored on the floor

2) Loss of Amenity- Where the claimant ability to use their land is restricted by D's activities

What are the factors in which the court will use to decide if an interference is unlawful (provide cases)

1) Intensity- Everyone is expected to put up with some interferences with their neighbours (Kennaway v Thompson)

2) Locality- More activities are acceptable in industrial zones (Halsey v Esso)

3) Sensitivity- If C uses their land for extra-sensitive use then they are not entitled to sue when reasonable use would not need protection (Bridlington Relay v Yorkshire electricity)

4) Social Utility- If it's useful to society then C will likely have to put up with it (Dennis v MoD)

5) Malice on the part of the defendant- if D does something to purely annoy the claimant (Christie v Davey)

Name the two defences in private nuisance and provide cases

1) Statutory authority- if parliament allows it (Allen v Gulf Oil)

2) Prescription- If they have carried this act out for 20+ years their activity becomes lawful

Name a non-defence in private nuisance

D cannot rely on the fact that they had been carrying out these activities before C's presence (Sturges v Bridgeman)

Give the three remedies in private nuisance and add any relevant cases

1) Injunction- an order prohibiting or strictly controlling activities (Miller v Jackson)

2) Damages- damages are awarded for consequential damage to the land and in loss of amenity damages are equal to the loss of value in land (Dennis v MoD)

3) Abatement- a self-help remedy meaning C takes reasonable steps to deal with the nuisance themselves