private nuisance

where was it defined?

Fearn v Tate Gallery

what is the definition?

use of land which substantially interferes with ordinary use and enjoyment of neighbouring land, judged by standards of an ordinary person

what does C need to prove of balance of probabilites to establish liabilty?

• right to claim

• interference

• unlawful

who is the claimant?

right to bring action if legal interest in land and affected by interference usually land owner of guest

eg. Hunter v Canary Wharf

who is the defendant?

person who created the nuisance or allowed it to continue

eg. Tetly v Chitty

can a persona be liable for a nuisance they didn’t create?

yes, if they adopt the nuisance

eg. Sedleigh Denfield

can D be liable of a natural causes nuisance?

yes if D was aware and failed to deal with it

eg. Leakey v National trust

does D need to have an interest in land when nuisance occurs?

no

eg. Anthony v Coal authority

what form can the substantial intereference be?

1. physical - Halsey v Esso

2. Loss of amenity - Bone v Seal

Is D making more than common and ordinary use of land?

depends on character or locality of area

eg. Struges v Bridgman

is special sensitivity relevant?

no

Robinson v Kilvert

was the activity convineietly done?

consider the locality, duration nd extent, malice

Barr v Biffa waste

can a nuisance arise from a single act?

yes and most likely in case of physical damage

eg. Crown River Cruises

what is more likely to be considered unlawful?

a deliberately harmful or malicious act by D

eg. Christie v Davey

what is prescription?

if D carried out activity for at least 20 years and C aware and not complained = prescriptive right to carry out activity

eg. Sturges v Bridgman

what is statutory authority?

action will fail if nuisance created by public body acting under statutory authority

eg. Allen v Gulf oil

is planning permission a defence?

no but can be relevant if ordinary use of land if charged character of neighbourhood

eg. Gillingham BC

what is injunction?

prohibition or control of activity

eg. Kennaway v Thompson

what is damages?

monetary compensation is more likely than induction after Coventry v Lawrence

what is abatement?

right of C to take reasonable steps to deal with nuisance himself