Nuisance

Nuisance

Is the interference with someone’s ability to enjoy their own space or to enjoy a public space

What it protects

This protects your right to peace & quiet

Elements of nuisance

1. Plaintiff had a property right over the land (it was their house)

2. There was interference with the plaintiff’s use of the land eg. noise/smell

3. The plaintiff suffered damage - eg. loss of sleep/income

Defences for nuisance

1. Statutory authorisation Eg. Council is doing roadworks

2. Consent Eg. I ask Jim’s moving to my house to mow

3. Reasonable use Eg. a school can make noise during school hours

Statutory authorisation (defence)

Eg. Council is doing roadworks

Consent (defence)

Eg. I ask Jim’s moving to my house to mow

Reasonable use (defence)

Eg. a school can make noise during school hours