A private nuisance is an unlawful interference for a substancial length of time with a person's right to enjoy or use his land in a reasonable way and is actionable as a tort.
The claimant has the right to bring the action and the person he is suing is capable of being a defendant...
A claimant has a legal interest in the land (Hunter)
A defendant is the creater of the nuisance
There is an interference in using the land in the form of physical damage or loss of amentity
Physical damage: can include crops and goods stored on land
Loss of amenity:the loss of the ability
The interference is sufficantly serious
The interests of both parties must be balanced, in order to do this we take into account the following factors..
The LOCALITY is important as…