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Private nuisance (Nuisance (Private nuisance (Factors (Sensitivity, Social…

- - - - Private nuisance is "the unlawful interference with a person's use of enjoyment of land or indirect damage to that land"
        
        seeks to protect the claimant's use/enjoyment of the land from an activity which the defendant is responsible
    - - Must have 'legal standing'
        
        they must have legal interest in the land so family members, lodgers, guests or live in employees cannot sue
        
        Hunter v Canary Wharf; Malone v Laskey
    - - the defendant is "the person who causes or allows interference with another's use of their land'
        
        Defendant does NOT have to have legal interest in the land
        
        Even if the nuisance was caused by a previous owner or trespasser the defendant could still be liable as they would have 'adopted' it
        
        Sedleigh Denfield v O'Gallaghan
        
        The D could be liable if something natural occurs but failed to deal with it
        
        Leakey v National Trust
    - - Sensitivity
      - Social benifit
      - Location
      - Malice
      - Duration
      - Human rights