Private nuisance

• What is a Private Nuisance?

  • Private nuisance is an interference with a person's enjoyment and use of their land, it is a civil action.
• However not all nuisances are actionable - Hunter v Canary Wharf, the claimant sought damages for interferences with TV signal at their homes due to construction of Canary wharf. It was held that there was no action in PN for interference with TV signals caused by the mere presence of a building. This prevents the floodgates being opened.
• To have a claim in Private nuisance there are 3 elements:

  1. The claimant must have an interest in the land
  2. There must be an unreasonable use of the land which is the source of the nuisance
  3. The claimant must suffer some harm.
• 1. An interest in the land

  A claimant must have interest in the land affected by the nuisance in order to make a claim in PN. Interest in the land means to own it or have rights over the land. (Rent, Own, Lease)

  -Persons such as visitors , family members and lodgers do not have an interest in the land and cannon make a claim in PN.

  MALONE V LASKEY 

  • A company had rented a house for one of their managers to live in. The wife of the manager was injured when a bracket in the toilet fell on her head, caused by the vibrations of machinery on the D’s property.
  • The court of appeal decided the wife could not make a claim of nuisance because she had no interest in the property.