Nuisance

• What is nuisance

  Use of land which wrongly interferes with the ordinary use and enjoyment of neighbouring land - Fearn v Tate Gallery

  
  

  Can be direct - e.g. physical damage

  Can be indirect - e.g. noise
• What is the first requirement?

  C must have an interest in land

  Legal interest which includes owner or tenant - Hunter v Canary Wharf
• What is the second requirement

  D is person allowing the nuisance

  • Owning land or allowing nuisance - Tetley v Chitty
  • Adopted the nuisance - Sedleigh v Denfield
  • Owning land where nuisance is naturally occurring - Leakey v NT
• What is the third requirement? (in scenario identify what is causing nuisance here)

  Unlawful interference with C's use and enjoyment of land

  
  

  Unlawful does not mean illegal - it means unreasonable

  No limit as long as its substantial - Fearn v Tate Gallery

  
  

  Includes-

  • noise - Kennaway v Thompson, tree branches - Lemmon v Webb

  Doesnt include

  • Right to view - Aldred or TV reception - Hunter v Canary Wharf
• What is the fourth requirement?

  Is D using their land in a common and ordinary way

  • Location and character of neighbourhood - Sturges v Bridgman
  • Duration - Crown River Cruises v Kimbolton
  • Sensitivity of C - (not affect most) = no liability - Network Rail v Morris
  • Malice - Christie v Davey
• Defences


  • Prescription - 20 years without interference - Coventry v Lawrence
  • Statutory Authority - D's actions allowed in Act of Parliament - Allen v Gulf Oil
  • Acts of a stranger - D has not adopted the nuisance - Sedleigh Denfield

  Not defence-

  • Claimant came to nuisance - consented to it - Miller v Jackson
  • Usefulness/social benefit - Miller v Jackson
• Injunction ---> court order to stop activity


  • Perpetual - final order to stop or Mandatory- order for D to take action
  • Injunction should not be automatic for nuisance - Coventry v Lawrence
  • Activity has social benefit e.g. cricket club = no injunction - Miller v Jackson
  • Partial injunction to restrict activity time - Kennaway v Thompson
• Abatement - nuisance only


  Allows C to enter D land to deal with nuisance - Lemmon v Webb