Nuisance
- Created by: I_Am_Trying_I_Promise
- Created on: 15-01-23 17:32
View mindmap
- Nuisance
- Definition of Private Nuisance
- “An (indirect) unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it.”
- Who can sue in Private Nuisance?
- To bring a claim under Private Nuisance, the claimant must have a legal interest (Proprietary Interest) in the land, such as a Freehold or Leasehold possession.
- Who is liable in Private Nuisance?
- Those liable do not need to have a proprietary
interest in the land.
- The creator of the nuisance
- Landlords
- The occupier of the land from which the nuisance originates
- Can also be liable for nuisances created by:
- Independent contractors
- Occupier will be liable for the work done by an independent contractor if there is a real danger of a nuisance occurring and they have not taken reasonable measures to prevent it.
- Trespassers
- Occupier will be liable for nuisances created by trespassers if the adopt the nuisance or allow the nuisance to continue.
- Act of Nature/ God
- The Occupier will be required to do what is reasonable under the circumstances to prevent or minimise the know risk of damage to their neighbour or their property.
- Independent contractors
- Can also be liable for nuisances created by:
- Those liable do not need to have a proprietary
interest in the land.
- Elements of Private Nuisance
- Unlawful use of Land
- Locality
- locality of the potential nuisance.
- Duration
- The activity must be continous
- Malice
- The defendant’s motive, if it can be characterised as ill-will or spite, may well result in the court regarding what would otherwise be a reasonable activity as unreasonable and therefore a nuisance.
- Sensitivity of the claiment
- Nuisance only operates to protect the claimant’s reasonable use of their land.
- Locality
- Indirect Interference
- Use and Enjoyment of Land
- Unlawful use of Land
- Defences to private nuisance
- Prescription
- For 20 years the activity must have been causing an actionable as a private nuisance
- Statutory Authority
- An Act of Parliament can allow a defence to nuisance.?
- Planning Permission/ Consent
- Planning permission granted by local authorities can negate a nuisance.?
- Prescription
- Definition of Private Nuisance
Comments
No comments have yet been made