Private Nusiance 0.0 / 5 ? AllUniversityNone Created by: JamilaCreated on: 08-04-13 23:52 Private Nusiance means the unlawful interference with a persons use of enjoyment of land, or some right over it, or connection with it. 1 of 15 PN looks at ... 1. Unlawful inteference with a persons use of land 2. Its unlawful 2 of 15 St Helens Smelting v Tipping Nusiance in both the physical damage, but also the amenity. 3 of 15 Three types of Nusiance 1. Enroachment 2. Interference with neighbours quiet enjoyment 3.Physical injury to land 4 of 15 Lemon v Webb Enroachment over the property 5 of 15 Delaware Mansions v Westminister CC Enroachment under the property 6 of 15 Factors when looking at claims Duartion and Intensity, Sensitive claimant, Locality, Motive 7 of 15 Duration and Intensity, De Keyers Royal Hotel v Spicers Bros the noise which was deoloyed by workmem excessive, affect hotel 8 of 15 Duration and Intensity, Kennaway v Thompson the actual boat club which close by and had caused noise. Public vs private. 9 of 15 Duration and Intensity, Spicer v Smee a fire broke out due to faulty wiring, and continous element liable. 10 of 15 Sensitivity of Claimant, Robinson v Kilvert special paper would be difficult to determine. 11 of 15 Heath v Mayor of Brighton Vicar complained that noise didnt help his sermons. 12 of 15 Locality - Sturges v Bridgman what would be a nusiance in Belgrave square is not so in Bermondsey. 13 of 15 Locality - Gillingham v Medway planning permission to change port, cars all the time. cant complain .. planning permission. 14 of 15 Locality - Ball v Ray c live on residential street. D changed part into stables, not appropriat. 15 of 15
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