Private nuisance
- Created by: __Jess
- Created on: 29-11-22 19:26
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- Private nuisance
- Definition
- An unlawful interference with a person's use or enjoyment of land coming from the unreasonable use of neighbouring land
- Unreasonable use
- Local area
- Sturges v Bridgman
- Time of day and duration
- Crown River Cruises v Kimbolton Fireworks
- Malicious defendant
- Hollywood Silver Fox Farm v Emmett
- Sensitive claimant
- Network Rail v Morris
- Social benefit
- Miller v Jackson
- Local area
- Interference
- Direct interference
- Physical objects eg. tree roots
- Indirect interference
- Abstract objects eg. smoke and noise
- Direct interference
- Claimant
- Anyone who has their use or enjoyment of their land affected
- Hunter v Canary Wharf
- Anyone who has their use or enjoyment of their land affected
- Defendant
- Any person causing or failing to deal with the nuisance
- Sedleigh-Dunfield v O'Callaghan
- Any person causing or failing to deal with the nuisance
- Defences
- Consent
- Prescription
- Sturges v Bridgman
- Statutory authority and planning permission
- Allen v Gulf Oil
- Coventry v Lawrence
- Gillingham Borough Council v Medway Dock
- Remedies
- Injunctions
- Damages
- Abatement
- Definition
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