These torts predate the emergence of negligence. They seek to protect a land owner's right to use and freely enjoy his land without unwanted and unwarranted interference from others. These notes will focus primarily on private nuisance and the Rylands v Fletcher case.
- concerns indirect intereference
- actionable only with proof of damage either to physical property or interference with use and enjoyment.
- Private nuisance contributes to definition of mutual rightsand obligations of neighbours with respect to use of property.
- Defined as 'an unlawful interference with a person's use or enjoyment of land or some right over it' (Winfield)
- Includes: 1) Nuisance by enroachment, 2) nuisance by phsyical damage and 3) nuisance by interference with quiet enjoyment of land.
Who can sue?
- Only someone with legal standing - a proprietary interest. (Hunter v Canary Wharf)
Who can be sued, and what for?
- Essentially the creater of the nuisance
- Can be sued for unreasonable use of their land
- For injunction/damages
Requirement of an emanation:
- Anything capable of amounting to…