Duration and frequency
How long does the interference last? Must be continous
Crown river cruises - temporary event allowed to succeed.
AH Hunt - One instance, doesnt have to wait for another insance to claim.
De Keyser - Even though temporary, if substantial enough, can claim.
Not relevent to damage to property, only the enjoyment.
'What would be a nuisance in Belgrave Square would not nessesarily be so in Bermondsy'.
Sturges v Bridgeman - Doctor working from home. Vibrations did amount to private nuisance.
Blackburn v ARC - filled hole with waste, breach conditions of permit. Could claim damages.
Utility / public benefit
E.g. Sewage treatment works.
Dennis v MOD - Royal airforce base next to home. Could claim damages but not injunction as it was a public benefit.
Robinson v Kilvert - heat damaged paper. This paper was unusal paper.
McKinnon - Sensitive plants damaged. Even if they werent sensitive, the gas would have damaged them anywhere = successful.
Christie v Davey - Music teacher. Neighbour retaliated by disturbing the lessons.
Silver Fox Farms v Emmett - Deliberatly shot gun during breeding season. Knew the mothers would eat the children if distressed.
State of D's land
Poses a threat, must do what is reasonable to solve the problem..
Holbeck Hall - council knew of some small landslides but none as big as this. They were not liable for this.
Efforts to minimise the interference
Court will take this into account.
Who can sue?
Must have an interest in the land.
Malone v Laskey - must have an interest.
Bush - Someone who wasnt a tenant could sue.
Hunter v Canary Wharf - Do need an interest (current law).
Who can be sued?
- Whoever caused the interference.
- Whoever authorised the nuisance - Tetley v Chitty
- Owner adopts the nuisance - Goldman
- Prescription - Sturges v Bridgeman - 20 years continuous user.
- Statutory authority - Allen, enabling construction of oil refinery.
- Planning permission - If stick to conditions, will be found as actin reasonably. Gillingham v Medway - Converted dock into port. No nuisance.
- Claimant comes to the nuisance.
- Public benefit
Abatement - Self help. E.g overhanging branches, cut them down yourself.