Public and private nuisance AO1 brief summary

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Private = individuals

Public = more people, affects classes of people

Private nuisance

Has its foundations in the fact that there should be no interference with the use/enjoyment of land

Examples of nuisance: noise, smells, natural nuisance (e.g. overhanging trees, Japanese knotweed), people, attracting wild animals by giving them food, oil smuts (living near petrol station)

  • Must show that you have a proprietary interest in the land (the owner)
  • Courts must decide if the use of land is unreasonable.

Unreasonable checklist: 

1. Sensitivity of claimant and of other things (e.g. dying plants)

2. Public benefit

3. Location (residential, industrial; village, rural v city, urban)

4. Duration

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