Nuisance and Rylands and Fletcher

• Establishing Nuisance

  • An unreasonable use of land
  • Leading to and indirect interface
  • With the the use or enjoyment of the land
• An unreasonable use of land

  Must be proved by :

  • Location - rural? agricultural? commercial? (Fearn v Tate Gallery)
  • The duration/ intensity of interference (Crown v Kimbolton)
  • The timing of the interference e.g. loud noises at night
  • Sensitivity of claimant - must amount to a nuisance according to the ordinary person
  • Motive of D - aims of using the land
  • Social benefit of activity (miller v Jackson)
  • Nature of activity - e.g. dangerous activity?