Private nuisance AO1

Definition

An unlawful indirect interference with a persons use or enjoyment of their land or some right over land

Claimant

Must have proprietary interest in land, only owner or tenant- hunter v Canary Wharf

Defendant

Created the nuisance

Adopted the nuisance- sedleigh de field

Authorised the nuisance- tetley v chitty

Type of damage

Physical damages is automatically unreasonable as in St Helen Smelting

Indirect interference

Must go from D land to C land

Unreasonableness factors

Locality- sturges v brigeman

Malice- Christy v Davey

Duration- crown river cruises

Social benefit- miller v Jackson

Sensitivity- Robinson

Remedies

Injunction- Coventry v Lawrence where they limited the race track times

Damages

Defences

Planning permission- not defence itself but may change locality- Gillingham