Nuisance

Ruling of nuisance from Fearn and Tate gallery

Use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land

Right to bring an action - Claimant

Must have a legal interest in the land and have been affected by interference

Right to bring an action - Defendant

Person who created nuisance or allowed it to continue

2 types of Interference

Physical damage

Loss of amenity - which affect the ordinary comfort of humans

Unlawful interference

Something that is not an ordinary use of land or done with proper consideration of neighbours

Limitations to ordinary use of land

Special sensitivity of claimant is not relevant

Things to consider when deciding if activity was conveniently done

Length and degree of nuisance

Tine of day

Prescription (defence)

If nuisance carried out for 20 years and C has been aware D has ‘prescriptive right to carry out activity’

Statutory authority (defence)

Action will fail if nuisance is created by a public body acting under statutory authority

Remedies in private nuisance

Injunction

Damages

Abatement

Injunction (remedy)

Court order prohibiting or controlling an activity

Damage remedy case

Coventry vs Laurence

Compensation better than injunction especially when planning permission granted

Abatement

Right of the claimant to take reasonable steps to deal with nuisance themselves

Stages of establishing nuisance (3)

Right to bring a claim

Interference

Unlawful

Nuisance checklist

Intro

Parties

Interference

Was it unlawful

Possible defences

Possible remedies