Private Nuisance

• What type of tort is private nuisance?

  Common law
• What is private nuisance defined as in Winfield?

  Protecting the rights of an occupier against unlawful interference with a person's use of enjoyment of land
• What does unlawful mean?

  Unreasonable
• What does private nuisance often involve?

  Disputes between neighbours
• What do courts attempt to do with private nuisance?

  Balance competing rights
• What must a person have to be a claimant according to Hunter?

  Must have a legal interest in the land
• Which case tells us a person must have legal interest in the land to be a claimant?

  Hunter
• What does a person not need to be a defendant?


  Doesn't need to own or occupy the land
• What can a person be to be a defendant?

  Anyone whose activities cause unlawful interference with another person's use or enjoyment of the land
• According to Sedleigh-Denfield what can make someone a defendant?

  If they do not cause the nuisance but allow it to continue
• Which case tells us that someone can still be a defendant if they do not cause the nuisance but allow it to continue?

  Sedleigh-Denfield
• Which case tells us that landlords can be liable for nuisances?

  Tetley
• Which does Tetley does about nuisances?

  Landlords can be liable for nuisances
• What is an interference?

  A loss of amenity
• What must it be that is interfered with?

  The land NOT the person
• Which case tells us flooding can be an interference?

  Sedleigh-Denfield
• Which case tells us that smells can be an interference?

  Wheeler
• Which case tells us that encroachment can be an interference?

  Lemmon
• Which case tells us that noise can be an interference?

  Kennaway
• What case tells us that cricket balls can be an interference?

  Miller
• What case tells us that a brothel can be an interference?

  Thompson-Schwab
• What case tells us that physical damage can be an interference?

  St. Helen's Smelting Co.
• What is an unlawful interference?

  Unreasonable use of land which leads to an unreasonable interference with the claimant's use or enjoyment of their own land
• The law only protects against unlawful interference
• What do we look at to see if the interference was unreasonable or not?

  Factors of reasonableness
• What are the three remedies for Private Nuisance?

  Compensation

  Injunction

  Abatement