Private Nuisance

• Private Nuisance- a tort claim where someone's use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour.
• 2 main types:

  • loss of amenity when nuisance is caused by noise smell or smoke.
  • material damage nuisance, a dangerous state of affairs on D's land causes physical damage to claimants's land.
• • Claimant must have an interest in the land.
  • must be an unreasonable use of the land.
  • C must suffer some harm.
• What did the Hunter V Canary Wharf case establish?


  Only those with an interest in the land have the right to bring action. The claimants her lost reception but this wasn't a sufficient interference.
• Leakey V National Trust: parties to an action

  Defendants owned land which there was a large mound. They knew it could slip and it did. It damaged D’a cottage and there were liable as they knew this could happen and they failed to prevent it.
• ’unlawful’ means that the defendants use of the land is unreasonable in the way it affects the claimant . Court will attempt to balance the conflicting interests of the neighbours.
• ‘indirect interference’- following could amount to loss of amenity:

  • fumes drifting over neighbouring land.
  • smell from farm animals.
  • noise.
• Factors of reasonableness:

  • locality
  • duration- Crown River Cruises
  • sensitivity of claimant- Network Rail Infrastructure
  • Malice- Hollywood Silver Fox Farm
  • social benefit- Miller V Jackson
• defences to private nuisance:

  • prescription- Sturges V Bridgman
  • moving to the nuisance
  • statutory authority
• Remedies to private nuisance:

  • injunction
  • damages
  • abatement- entering premises to stop the nuisance.