Private Nuisance

• 'An unlawful interference with a persons use or enjoyment of land, coming from neighbouring land'
• Claimant is = Hunter v Canary Wharf :

  The claimant must have some interest in the land, they can be the owner or tenant.
• Defendant is = Tetley v Chitty :

  The defendant can be the owner of the land, as they are allowing it to happen on their land.
• An occupier who knows about a nuisance but fails to do anything about it, can also be liable, even if it was caused by the previous owner or tenant.
• Indirect Interference =

  The defendants actions must cause an indirect interference on the claimants use and enjoyment of land. This can include:

  • Smells
  • General noise
  • Vibrations
  • Dust
  • Smoke and fumes
• Laws v Florinplace :

  Private Nuisance does NOT include physical harm or damage to the claimants land. It must be something that interferes with the claimants use and enjoyment of the land. The courts will protect against feelings of emotional distress.
• Locality - Fearn and Others :

  The defendants interference will be classed as unreasonable if it is not a common and ordinary use of the land.
• Duration - De Keyser :

  The interference will be unreasonable if it is continuous and at unacceptable hours of the day. The interference could be temporary but still as a continuous nuisance.
• Sensitivity of the Claimant -

  When a claimant's use of land is sensitive the defendant's interference is NOT foreseeable.
• Malice -

  The defendant's interference will be considered unreasonable if they have acted out of malice, hostility or spite.
• Defence - Prescription :

  A defendant could claim the defence of prescription when the activity has taken place for at least 20 years without a complaint.
• Defence - Coming to the Nuisance :

  Is NOT a defence, but the courts take it into consideration when awarding damages.
• Defence - Statutory Authority :

  A defence if there is a specific statute that legitimises what they are doing on their land.
• Defence - Planning Permission :

  Will only be a defence if the planning permission changes the character of the neighbourhood. Meaning that the nuisance is now a common and ordinary use of the land.
• Remedies =

  • Injunction
  • Damages