WHO CAN CLAIM PRIVATE NUISANCE

What must the claimant have to claim private nuisance

In order to commit private nuisance, the claimant must have legal interest in the land, e.g. owner/tenant.

Who cannot claim

A member of the claimants family or a lodger

What happened in the case of hunter v canary wharf

Claimants included tenants, owners and family members. Established the fact that only those with legal interest in the land (owners/tenants) can claim

What is the definition of private nuisance

Unlawful or unreasonable interference with a use or enjoyment of land. Doesnt need to be illegal, just unreasonable in how it affects the claimsnt

What is private nuisance about

It’s about balancing neighbours’ rights to use their land. Whilst people are generally free to do as they wish on their own land, issues arise when this affects a neighbours enjoyment of their own property.

When does something become a nuisance

It becomes a nuisance when the use of land is unreasonable and causes unlawful interference, e.g. noise, smells, smoke - but it can also be direct, such as tree roots damaging a neighbours foundations