Private Nusiance

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  • Created by: Jamila
  • Created 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
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Lemon v Webb
Enroachment over the property
5 of 15
Delaware Mansions v Westminister CC
Enroachment under the property
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Factors when looking at claims
Duartion and Intensity, Sensitive claimant, Locality, Motive
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Duration and Intensity, De Keyers Royal Hotel v Spicers Bros
the noise which was deoloyed by workmem excessive, affect hotel
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Duration and Intensity, Kennaway v Thompson
the actual boat club which close by and had caused noise. Public vs private.
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Duration and Intensity, Spicer v Smee
a fire broke out due to faulty wiring, and continous element liable.
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Sensitivity of Claimant, Robinson v Kilvert
special paper would be difficult to determine.
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Heath v Mayor of Brighton
Vicar complained that noise didnt help his sermons.
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Locality - Sturges v Bridgman
what would be a nusiance in Belgrave square is not so in Bermondsey.
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Locality - Gillingham v Medway
planning permission to change port, cars all the time. cant complain .. planning permission.
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Locality - Ball v Ray
c live on residential street. D changed part into stables, not appropriat.
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Other cards in this set

Card 2

Front

PN looks at ...

Back

1. Unlawful inteference with a persons use of land 2. Its unlawful

Card 3

Front

St Helens Smelting v Tipping

Back

Preview of the front of card 3

Card 4

Front

Three types of Nusiance

Back

Preview of the front of card 4

Card 5

Front

Lemon v Webb

Back

Preview of the front of card 5
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