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Ruling of nuisance from Fearn and Tate gallery
Use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land
What news to be satisfied to establish liability
Right to bring a claim
Interference
Unlawful
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
Leakey vs national trust - defendant
Can be liable as result of natural causes when they are aware and fail to deal with it
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
Limitations to activity convenience
No defence to say their use of land is beneficial to the public
Prescription
If nuisance carried out for 20 years and C has been aware D has ‘prescriptive right to carry out activity’
Note 
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