Private Nuisance

• What is private nuisance?

  An action for unreasonable land interference
• What must claimants show in a private nuisance case?

  They must show a legal interest in the land
• Which case established that claimants must show a legal interest in the land affected by nuisance?

  Hunter v Canary Wharf
• Who can be defendants in a private nuisance case?

  Those in control or occupation of premises
• What does Tetley v Chitty establish about defendants?

  Includes owners and those in control of premises
• What are the types of indirect interference in private nuisance?

  • Noise or vibrations (Sturges v Bridgman)
  • Smoke and fumes (St Helen's Smelting v Tipping)
  • Smells (Bliss v Hall)
  • Overlooking land (Fearn and Others v Tate Gallery)
  • Physical property damage (Sturges v Bridgman)
  • Hot air (Robinson v Kilvert)
• What type of interference does noise or vibrations represent?

  Indirect interference causing loss of amenity
• What case relates to smoke and fumes as a type of indirect interference?

  St Helen's Smelting v Tipping
• What type of indirect interference is addressed in Bliss v Hall?

  Smells
• What does Fearn and Others v Tate Gallery address?

  Overlooking land
• What type of indirect interference is discussed in Robinson v Kilvert?

  Hot air
• What factors are considered for reasonableness in private nuisance cases?

  • Locality
  • Duration
  • Sensitivity of claimant
  • Malice
  • Social situation
• How does locality affect the reasonableness of a nuisance claim?

  It considers the characteristics of the neighborhood
• What does the duration factor consider in nuisance cases?

  Length and frequency of the interference
• What does Robinson v Kilvert establish about sensitivity of the claimant?

  If C is sensitive, it may not be a nuisance
• What is meant by malice in the context of private nuisance?

  A deliberately unreasonable act causing nuisance
• How does the social situation factor into nuisance claims?

  If D benefits the community, it may be reasonable
• What defenses can a defendant argue in a private nuisance case?

  • Prescription
  • Moving to the nuisance
  • Statutory authority
  • Local authority planning permission
• What does prescription mean in the context of nuisance defenses?

  Action carried out for at least twenty years
• What does moving to the nuisance imply in legal terms?

  Cannot be considered a defense
• What is statutory authority in nuisance cases?

  Authority regulated the action causing nuisance
• How can local authority planning permission affect nuisance claims?

  It can sometimes justify a nuisance
• What remedies are available in private nuisance cases?

  • Damages instead of an injunction
  • Full and partial injunctions
  • Abatements to prevent further nuisance
• How does the court balance rights in nuisance cases?

  Balances C's right to enjoy land with D's rights
• What can be awarded instead of an injunction in nuisance cases?

  Damages
• What are full and partial injunctions used for in nuisance cases?

  To limit times nuisance is created
• What is an abatement in the context of nuisance remedies?

  C can enter D's property to prevent nuisance