Private Nuisance

Torts connected to land

Fearn V Tate Gallery defines Private Nuisance as

A use of land which substantially interferes with the ordinary use of enjoyment of neighboring land, judged by the standards of an ordinary person.

The C must prove on a balance of probabilities: 1

1. That they have a right to bring action and the person is capable of being the defendant.

The C must prove 2:

2. There is substantial interference in the form of physical damage or loss of amenity of land

The C must prove 3:

that the interference is sufficiently serious in all the circumstances to be unlawful.

Hunter V Canary Wharf

The C needs to have a legal interest in the land to bring action and must be affected by the interference.

Sedleigh Denfield V O’Callaghan

A person can be a liable for a nuisance that he did not create if he adopts the activity.

Leakey V National Trust

D can also be liable where the nusince is a result of natural causes, if D was aware of he nusiance and failed to deal with it.

Interference can be..

a physical damage to land or loss of amenity

interference must relate to C’s

ordinary use or enjoyment of their land

examples of substantial interference

• vibrations

• noise

• fumes/smoke/smell

• physical damage

Williams V Network Rail

Allowance for invasive weed to grow amounted to loss of amenity as it affects the owners ability to develop their property in the future.

Case for substantial interference

Hunter V Canary Wharf shows that…

Interference must relate to C’s use or enjoyment of land.

Interference of TV reception was merely a loss of recreational facility.

Fearn V Tate Gallery 2023

Is an example of a substantial interference, as privacy was encroached on.

Factors to consider when deciding if interference is unlawful… [5]

• locality (is land being used commonly and ordinarily)

• C’s special sensitivity (not relevant)

• Malice

• Physical damage (always unlawful)

• Duration and extent

  Social Utility is not relevant but may affect remedy.

Sturges V Bridgman

Noise and vibrations from industrial equipment was a nuisance in a quiet area (locality)

Laws V Florinplace

Sex shop in residential area unreasonable as it affected ordinary comfort of human existence.

De Keyser’s Royal Hotel

Building work was carried out throughout the night and interfered with ability of guests to sleep.

Barr V Biffa Waste

Strong smell emanating from landfill for over 5 years was a nuisance.

Robinson V Kilvert

If C’s use of land is esp. sensitive then this will not be a nuisance.

C needed a certain atmosphere for production (sensitive use) and claim was dismissed.

Network Rail V Morris

Interference with C’s land was not foreseeable therefore claim failed.

Christie V Davey

If D’s actions are motivated by malice it is more likely to be unreasonable therefore a claim will succeed.

Miller V Jackson

Social utility didn’t prevent activity from being a nuisance.

Cricket balls landing in backyard

Defense: Prescription

If D carried put the activity causing nuisance for at least 20 years without complaint D has a prescriptive right.

Coventry V Lawrence

states the period of 20 years only begins when it becomes an interference

Sturges V Bridgman

D cannot argue that C is suffering the nuisance because they have moved to an area. Fact that C moved closer is not a defense to the nuisance.

Allen V Gulf Oil - Statutory authority

No action of nuisance because the factory was built under act of parliament

Planning permission is NOT a…

defense! but may change the character of the locality or affect the remedy so damages are more likely to be awarded. RRRR

Defense : Consent

If it can be shown that C knew the nature and extent of interference and voluntarily agreed to it.

Defense: Act of God/Stranger

Naturally arising acts can be a defense.

Defenses are []

• Statutory authority

• Consent

• Act of God/Stranger

An Injunction is…

A court order prohibiting or controlling an activity to defined limits.

Kennaway V Thompson

A partial injunction was granted limiting the number of races D could organize.

Coventry V Lawrence

In some cases (this one) damages would be more appropriate than an injunction. Eg: If planning permission had already been granted

Damage types include… [3]

• physical damage - damage to land, goods…not injury

• loss of amenity

• punitive damages

Damages for loss of amenity

Damages can be awarded to reflect reduction in value of land or loss of business.

Punitive damages

Further damages can be awarded to show the courts disapproval for D’s conduct

Abetment is…

The right for the C to take reasonable steps to deal with the nuisance himself