Interference is unlawful

• C must prove D's activity amounts to an unlawful use of land
• unlawful means unreasonable in the way it affects the claiment
• Sturges


  Locality- character of the neighbourhood has to be considered
• Crown river cruises v Kimbolton


  A short term activity can be a nuisance if it is reasonable
• Robinson v Kilvert


  If the claimant is particularly sensitive then there may not be a nuisance
• Network rail infrastructure v Morris


  The test is of foreseeability
• Christie v Davey


  A deliberately harmful act will normally be unreasonable and considered a nuisance
• Miller v Jackson


  If a social benefit is provided to the community it may not be a nuisance