Nuissance AO1

What is a ‘private nuissance’ defined as?

‘An unlawful indirect interference with a persons use of enjoyment of land coming from neighbouring land.’

What must the Claimant have/be?

C must have an interest in the land (the owner/tenant)

What does not have ‘interest in the land’ and therefore cannot claim?

Family or lodgers (Hunter)

What must the defendant be in regard to the neighbouring land?

D must own or be in control the land they occupy.

They are the person causing/allowing the nuisance.

What must the claimant prove?

D’s actions were/are an unreasonable interference (eg fumes/noise)

The court considers factors of reasonableness. What are these factors?

• Locality

• Duration

• Sensitivity of the claimant

What is ‘locality?’

They take into account the whereabouts of the nuisance claim.

More noise expected in the city than in the countryside, so is less likely to be considered unreasonable.

What does Sturges say about locality?

‘What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey.’

What is ‘duration?’

The interference is likely to be continuous and at an unreasonable time of day.

What does Crown River Cruises say about duration?

A one off event is unlikely to be considered a nuisance.

What is ‘sensitivity of the claimant?’

The defendant is unlikely to be liable if the Claimant is unusually sensitive (Network Rail).

What is considered unreasonable behaviour, therefore a nuisance?

A deliberately harmful act- Christie

What may be considered as reasonable?

If D is providing a benefit to the community (Miller)