Nuisance

• What is Private nuisance

  An unlawful interference with a person's use or enjoyment of land coming from neighboring land
• Two types of private nuisance

  Loss of amenity - noise smell or smoke

  Material damage - dangerous state of affairs on D's land causes damage.
• Parties in private nuisance with case

  Claimant: Anyone who used or enjoys land and is affected by an interference.

  
  

  interest in land: an owner or tenant

  
  

  Hunter v Canary Wharf Ltd: Anyone who hasn't an interest cannot claim
• If D allows nuisance can be sued case?

  Titty v Chitty
• Natural cause which D was aware of but did not deal with case?

  Leaky v National trust
• Elements of Private Nuisance

  - Unlawful - unreasonable to C

  - Indirect interference - Fumes smell or emotional distress
• Factors of reasonableness with cases

  Locality: Sturges v Bridgman

  Duration: De keysers royal hotel v spicer bros

  sensitivity of claimant (now foreseeablility test): Network rail infrastructure v Morris

  Malice: Hollywood Silver fox farm v Emmet

  Social benefit: Miller v Jackson

  
  

  Dennis v Ministry of Defence: Award compo instead for social benefit.
• Defences available

  Prescription: 20 years> means no claim

  coventry v Lawrence

  consent defence

  
  

  moving to nuisance: Sturdges v Bridgman

  
  

  Statutory Authority: Allen v Gulf oil refining
• What special damage can be awarded in this?

  Abatement: where court can order an action to be made by authorities to D For example turning off music by force.