Private Nuisance (Unreasonable interference (Duration (The longer the…
The longer the duration, intensity and frequency of the activity, the more likely it will be regarded as unreasonable (Crown River Cruises v Kimbolton fireworks
What is private nuisance?
'the unlawful interference with a persons use or enjoyment of land or some right over it.'
physical damage caused indirectly
Interference with 'amenity' interests - affecting the claimants use or enjoyment of land e.g. by smell (Wheeler v Saunders), dust or noise (Kennaway v Thompson).
Encroachment of the claimants land e.g. from tree roots or overhanging branches.
Actual (physical) damage to land e.g flooding, vibrations (Malone v Laskey).
Seeks to protect the claimant's use or enjoyment of their land.
The interference will be unlawful if the court considers it to be substantial and unreasonable.
If the damage is physical then it is highly unlikely that it would be reasonable
Doesn't mean illegal
Bramwell B in Bramford v Turnley - 'rule of give and take, and live and let live'
Who can claim?
Anyone with a legal interest in the land
The owner of the land
Someone with exclusive possession
Hunter v Canary Wharf
690 people complained that the Canary Wharf Tower interfered with their TV reception
There was no right of action in nuisance for interference with the TV reception.
Children and lodgers could not claim as no legal interest in the land.
Who is the defendant?
Anyone who causes or allows an interference with another's use of their land
Landlord for behavior of the tenant
Neighbors child or family member etc.
'Adopted' a nuisance
Sedleigh Denfield v O'Callaghan; Leakey v National Trust; Anthony v Coal Authority.