Private Nuisance Notes

Definition of Private Nuisance

• Private nuisance is defined as unreasonable and substantial interference with the use and enjoyment of the plaintiff’s land.

• What constitutes unreasonable interference depends on factors like:

  • Location and use of the plaintiff’s land.

  • Timing, duration, and intensity of the interference.

Locus Standi

• Private nuisance is a land ownership based tort.

• Only owners of land or those with a proprietary interest in the land can sue.

• Established in Malone v Laskey.

Reasonable User

• No universal standard exists for what constitutes reasonable use.

• The court considers several factors:

  • Environmental factors of the locality (Sturges v Bridgman).

  • Timing, duration, and frequency of the defendant’s conduct.

  • Utility of the defendant’s conduct.

  • Existence of malice on the part of the defendant.

  • Sensitivity of the plaintiff.

Who is Liable to Nuisance

• Three categories of persons may be held liable:

Creator of Nuisance

• Traditionally, there was no requirement that the creator be in actual occupation of the premises or have any right to the land in question.

• The more recent approach of the courts however have made the defendant’s right to the land a prerequisite of actionable nuisance.

Occupier of the Premises

• If the occupier is the creator, they are liable.

• If not the creator, the occupier may still be liable if:

  • They exercise control over the person who created the nuisance.

  • They have adopted or continued a nuisance created by a trespasser or by an act of nature.

Landlord of the Premises

• The landlord is liable if they expressly or impliedly authorise the nuisance.

• Or if they knew or ought to have known of the nuisance before renting.

Remedies

• Remedies for private nuisance include an injunction and damages.

• House of Lords in Hunter indicated that claims for personal injuries should lie in the tort of negligence, not private nuisance.