Private nuisance

Define Private Nuisance

unlawful interference with a person's use or enjoyment of land

private nuisance definition case

Winfield and Jolowicz

2 types of private nuisance

loss of amenity

physical damage

The claimant must

have a legal interest in the land i.e. owner or tenant

members of a household who do not have interest in the land cannot claim case

Hunter v Canary Wharf

Defendent can be

any person whose activities cause an unlawful interference with anothers use or enjoyment of their land

anyone who allows nuisance to continue by failing to deal with a problem may be liable

Sedleigh Denfield v O'Callaghan

factors of unreasonableness

Location

Duration

Degree of interference

Sensitivity of Claimant

Social Utility

Malice

Location

the character of the neighbourhood must be considered

What woukld be a nuisance in Belgravia Square would not nesscessarily be so in bermondsey case

Sturges v Bridgman

Duration

the longer the nuisance goes on the more likely it is to be unlawful

Degree of interference

the greater the degree of interference the more likely it is to be unlawful

Sensitivity of Claimant

abnormally sensitive claimants are unlikely to succeed in action for nuisance

abnormally sensitive claimants are unlikely to succeed in action for nuisance case

Robinson v Kilvert (paper)

Social utility

if the interference is of benefit to the community or society then the court may consider the action to be reasonable and the claimant may have to put up with it

Social utility case

miller v jackson, cricket

Malice