Private Nuisance

• Define:

  An unlawful indirect interference with a person's use of enjoyment of land coming from neighbouring land.
• Two types of Private Nuisance:

  1. Loss of Amenity - caused by noise, smell, sound.
  2. Material Damage Nuisance - actions on D's land cause damage to C's land.

  In order to claim Private Nuisance, C must have interest in land (Tetley).
• How to prove Private Nuisance:

  1. C must have interest in land (Tetley)
  2. D's activity is unreasonable.
• Defences:

  1. Prescription - action carried on for 20yrs+ (Sturges)
  2. Moving to nuisance - no issue previously
  3. Statutory authority - government permission