Private nuisance

• What is private nuisance primarily concerned with?

  Unreasonable interference with land enjoyment
• What are the two types of nuisance?

  1. Loss of amenity nuisance

  • Caused by noise, smell, or smoke

  1. Material damage nuisance

  • Dangerous state on D's land causing damage
• What constitutes unlawful interference in private nuisance?

  Unreasonable use of land causing interference
• What factors are considered to determine if D's land use is unreasonable?

  • Locality: Disturbance levels vary by area
  • Duration: Longer interference increases unreasonableness
  • Sensitivity: Claimant's sensitivity affects claim success
  • Malice: Malicious actions are more likely unreasonable
• How does locality affect the determination of unreasonable use of land?

  Higher disturbance is reasonable in industrial areas
• What is the significance of duration in nuisance cases?

  Longer interference increases likelihood of unreasonableness
• How does sensitivity of the claimant affect a nuisance claim?

  Particularly sensitive claimants may fail their claim
• How does malice influence the determination of unreasonable interference?

  Malicious actions are more likely deemed unreasonable
• What was the action taken by Davey in Christie v Davey?

  He banged on walls to disrupt music lessons
• What was the outcome of De Keyser Royal Hotel v Spicer Bros case?

  • Building work at night interfered with sleep
  • Held to be unreasonable interference