Nuisance

nuisance

is where one party states that their interest in land is being interfered with

legal, proprietary

the claimant must have either a __ __or interest in the land__

legal interest

has a right to possess or use property

proprietary interest

when you own or have control over the property, usually with a mortgage or lease (full or partial ownership)

private nuisance

a unlawful interference for a substantial amount of time with a persons right to enjoy or use his land in a reasonable way

3

how many required elements of nuisance

valid claimant and defendant, an interference, interference was unlawful

required element of nuisance

continuous

the nuisance needs to be _______ and not a one-off

5

how many factors do the courts consider

locality, duration, sensitivity of claimant, social utility, motive

what are the factors the courts consider

6

how many defences are there to nuisance

volenti, prescription, statutory authority, injunction, damages, abatement

defences to nuisance

volenti

consenting to nuisance

prescription

D acquires prescriptive right to activity

statutory authority

activities regulated by parliament

injunction

order prohibiting or strictly controlling an activity

damages

money to match the damage or consequent loss caused by nuisance

abatement

claimant can take matters into their owns hands before going to court

Sedleigh-Denfield v O’ callaghan

trespasser installed pipe in D’s ditch, which flooded c’s land. D liable as he knew of pipe

Tetley v Chitty

local council liable for noise and disturbance of race-kart tract, as they leased the land to go kart company

Sturges v Bridgeman

LOCALITY OF EVENTS

‘what would be a nuisance in Belgrave square would not be a nuisance in Bermondsey’

St Helens smelting v Tipping

LOCALITY OF EVENTS

copper smelting in an industrial area can be a nuisance if it produces smut

Bolton v Stone

DURATION

v injured by ball hit from tennis club, not sufficient as only happened a few times in 30 years

Crown river cruises v kimbolton fireworks

DURATION

a single event can count to nuisance

Mckinnon v Walker

SENSITIVITY OF CLAIMANT

c could claim for damages as their delicate orchids damged by factory smoke, normal flowers would have been affected