Private Nuisance

Definition

An unlawful interference with a person’s use of or enjoyment of land or some right over, or in connection with it

Who can claim?

Usually concerns neighbours, must have a legal interest in the land - Hunter v Canary Wharf

‘Unlawful’

Means unreasonable, not actually unlawful

What amounts to harm?

Direct harm - prima facie case - things such as roots or trees

Indirect harm - things such as noise (Coventry v Lawrence), smell (Adams v Ursell), and fumes

Risk factors for nuisance

Duration of interference - Crown River Cruises v Kimbolton Fireworks

Sensitivity of claimant - Network Rail Infrastructure v Morriss

Locality - Sturges v Bridges - “What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey”

Malice - Hollywood Silver Fox Farm v Emmett

Social benefit - Miller v Jackson

Who can be sued?

Person who caused nuisance or their successors in title - Bybrook v Kent County Council

The person who is causing, or allowing, the nuisance - Tetley v Chitty

If the occupier ‘adopted’ the nuisance - Sedleigh Denfield v O’Callaghan

When the nuisance is caused by natural causes, of which D was aware of and failed to deal with - Leaky v National Trust

Defences

Prescription - Sturges v Bridgeman - if the nuisance has gone on for over 20 years and C made no complaint in that time

Statutory authority - Allen v Gulf Oil Refining