The claimant's (shopowners) were subject to racial harassment by tenants of the defendant's housing estate. Held - the defendant was not liable = no nuisance. The defendant had not authorised the nuisance. Interference must be related to Defendant
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Card 7
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A wrong-doer may also be liable to those without an interest in land. The defendant was liable for encroaching roots which led to subsidence of the property.Liable due to lawful control of the tree.
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Card 8
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Trespasser laid drain pipe in ditch in the defendant's land, pipe became broken and caused the ditch to flood and flowed into claimants land. Held, occupiers who create or adopt the nuisance can be sued.
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Card 9
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Fire spreads onto the claimant's land from the defendant's land. The defendant is liable because he has a positive duty towards the claimant through the Sedley-Denfield Case.
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Card 10
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Claimant's house was at the foot of the defendant's hill. Claimant warned the defendant that there was cracking in the hillside. Defendant was liable, he was also the wealthiest landowner and could bear the loss of liability.
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Card 11
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Large rainfall had caused the defendant's sewer to flood and overflow into the claimant's house. At first D was liable,but then because it was a public amenity, damages should be distributed, and consumers should pay for its repair.
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Card 12
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Root interference from D's tree had caused cracking in a neighbouring building. D was given notice of this, and did not do anything to abate it. = liability
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Card 13
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The D council owned the land between the hotel and the sea. A massive landslip took place on the cliff- the taken the lawn of the hotel with it. - D was not liable because it was unforeseeable.
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Card 14
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The claimant's land was interfered with by travellers who had occupied the land owned by the council. Held that the D was liable because he allowed the land to be used.
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Card 15
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The defendant let their land to a go kart company. The defendants were liable for the noise because the nuisance was a natural consequence of letting the land for this purpose.
