Nuisance

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Last updated 4:29 PM on 2/28/25
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26 Terms

1
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nuisance
is where one party states that their interest in land is being interfered with
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legal, proprietary
the claimant must have either a __ __or interest in the land__
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legal interest
has a right to possess or use property
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proprietary interest
when you own or have control over the property, usually with a mortgage or lease (full or partial ownership)
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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
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3
how many required elements of nuisance
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valid claimant and defendant, an interference, interference was unlawful
required element of nuisance
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continuous
the nuisance needs to be _______ and not a one-off
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5
how many factors do the courts consider
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locality, duration, sensitivity of claimant, social utility, motive
what are the factors the courts consider
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6
how many defences are there to nuisance
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volenti, prescription, statutory authority, injunction, damages, abatement
defences to nuisance
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volenti
consenting to nuisance
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prescription
D acquires prescriptive right to activity
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statutory authority
activities regulated by parliament
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injunction
order prohibiting or strictly controlling an activity
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damages
money to match the damage or consequent loss caused by nuisance
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abatement
claimant can take matters into their owns hands before going to court
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Sedleigh-Denfield v O’ callaghan
trespasser installed pipe in D’s ditch, which flooded c’s land. D liable as he knew of pipe
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Tetley v Chitty
local council liable for noise and disturbance of race-kart tract, as they leased the land to go kart company
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Sturges v Bridgeman
LOCALITY OF EVENTS

‘what would be a nuisance in Belgrave square would not be a nuisance in Bermondsey’
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St Helens smelting v Tipping
LOCALITY OF EVENTS

copper smelting in an industrial area can be a nuisance if it produces smut
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Bolton v Stone
DURATION

v injured by ball hit from tennis club, not sufficient as only happened a few times in 30 years
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Crown river cruises v kimbolton fireworks
DURATION

a single event can count to nuisance
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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
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