1. Eligibility

• Hunter v Canary Wharf [1997]


  To be eligible to sue, C must have proprietary interest in the land being affected. Tenants and owners are eligible, not visitors.
• Tetley v Chitty [1986]


  C cannot sue D if they authorised D’s interference.
• Usually the creator of the nuisance is the one sued, but it can be the owner or occupier of the land instead.