Private nuisance

Definition

An unlawful, indirect, unreasonable interference with a person’s use/enjoyment of their land

Claimant must have

Legal interest in the land

Case for legal interest

Hunter v Canary Wharf - confirmed family members cannot bring forward a claim

A potential defendant is an…

Occupier - including control/ownership of their land

Case for potential defendant is a occupier

Tetley

Case for used the land

Jones

Does not include landlords unless…

The authorised, caused,allowed or continued the nuisance

Case for landlords

Sedleigh- occupier were aware of pipe laid by local authorities was causing a flood but continued it = courts deemed this action as liable

Example of nuisance

• Flooding

• Smells

• Encroachment

• Noise

• Balls

• Brothel

Case for flooding

Sedleigh

Case for smells

Bliss v Hall

Smokes and fumes

St Helens smelting V Tipping

Case for encroachment

Lemmon

Case for noise

Kennaway

Case for vibrations

Sturgess

Case for balls

Miller

The use of land must have been

Unreasonable

Term for when the interference was clearly unlawful and unreasonable

Prima Facie Nuisance

Case for ‘unlawful interference’ means unreasonable use of land

London Borough

Case for there’s a difference between physical damage and discomfort and for physical damage, unreasonable use doesn’t matter

Halsey v Esso

When an indirectly nuisance causes physical damage this is referred to as….

Prima facie nuisance

Case for when a physical damages is caused by an indirect nuisance was foreseeable

Cambridge Water

5 factors to determine unreasonable use

• The nature and character of the locality/ neighbourhood

• Duration

• Malice

• Sensitivity

• Social benefit

Cases for locality

Hirose, Sturgess

Case for if permission is granted the nature of locality may change

Coventry

Case for duration

Dr Keyser’s royal hotel

Case for malice

Hollywood silver fox farm - OC told his son to shoot near claimants property to purposely scare the animals

Case for sensitivity

Robinson - D not liable if C’s use of land is abnormally sensitive

Case for public benefit

Jackson - cricket club causing nuisance = public benefit