Nuisance

• Definition:


  Unlawful indirect interference with the claimants’ reasonable use and enjoyment of their land.

  Unlawful means unreasonable use of land. Examples:

  ·       Smells - Adams v Ursell

  ·       Noise, dust and fumes
• Note:

  Rights not protected light, view and TV signal. 
• Claimant:


  Must have a legal interest in the land e.g. as owner or tenant.
• Defendant:


  Causes/allows the nuisance.
• Factors of reasonableness – do the first 3 in all cases:

  ·       Locality – Is it a residential/commercial/industrial area?

  ·       Duration – was it continuous and at unreasonable hours?

  ·       Foreseeable interference?

  ·       Malice – is a deliberate harmful act.

  ·       Sensitivity – did the damage only occur because the person or property was sensitive?
• ·       Hunter 


  claimant must have a legal interest in the land. No right to light, view or TV signal.
• ·       Sedleigh 


  defendant is the person who causes of allows the nuisance.
• ·       Fearn v Tate Gallery 


  viewing gallery overlooked flats.  Partial injunction issued to protect privacy of residents.
• ·       Sturges 


  ‘What may be a nuisance in Belgrave Square may not be so in Bermondsey’.
• ·       Kennaway 


  boat racing on lake. Knew of the races when she moved in, but the frequency increased. Injunction stated when races could be held.
• ·       Network Rail v Morris 


  Claim failed as the interference was not foreseeable.
• ·       Christie v Davey 


  Claimant was a music teacher who worked from home.

  Def. banged on walls, blew whistles and shouted when he was teaching.

  Injunction issued as the def. had acted maliciously.
• ·       Robinson 


  Heat damaged special paper.  As normal paper would not have been damaged the claim failed.
• Mckinnon 


  Damage to delicate orchids was successful as normal plants were also damaged by nuisance.
• Defences


  ·       Prescription – if after 20 years no complaint def. will have a prescriptive right to continue.
• Note:

  A person moving to the nuisance is not a defence (Sturges).

  ·       Statutory Authority -Act of Parliament grants permission this will be a defence.
• Note:

  Planning permission will not be a defence.

   
• Remedies:

  ·       Injunction - main remedy

  But

  ·       Def. can argue damages would be better.

  Or

  Coventry Guidance – could be damages instead of an injunction or could be partial injunction and damages.