5. Unlawful interference

• Fearn v Tate Gallery [2023]


  There must be give and take between neighbours. C doesn't need to tolerate anything beyond D's ordinary use of land.
• Factors to determine if use is common and ordinary

  1. Locality
  2. Duration
  3. Malice
• What does locality mean?


  The location where the nuisance takes place.
• Sturges v Bridgman [1879]


  Confectioner in an area of doctors. Locality can make interference unlawful.
• What does duration refer to?

  1. The length of time
  2. The time of day
• Crown River Cruises v Kimbolton Fireworks [1996]


  A short or temporary interference can be unlawful if it's severe.

  Duration, length of time.
• What does malice mean?

  D is acting with bad intent.
• Halsey v Esso Petroleum [1961]


  Duration, the time of day or length of time, can make interference unlawful.
• Christie v Davey [1893]


  Malice, where D acts with bad intent, makes interference unlawful.