Private Nuisance

What is private nuisance?

'the unlawful interference with a persons use or enjoyment of land or some right over it.'

physical damage caused indirectly

Who can claim?

Seeks to protect the claimant's use or enjoyment of their land.

Anyone with a legal interest in the land

The owner of the land

A tennant

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

A neighbour

Landlord for behavior of the tenant

Neighbors child or family member etc.

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).

'Adopted' a nuisance

Sedleigh Denfield v O'Callaghan; Leakey v National Trust; Anthony v Coal Authority.

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).

Unlawful interference

The interference will be unlawful if the court considers it to be substantial and unreasonable.

Doesn't mean illegal

If the damage is physical then it is highly unlikely that it would be reasonable

Bramwell B in Bramford v Turnley - 'rule of give and take, and live and let live'

Unreasonable interference

Duration

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

Location

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