PRIVATE NUISANCE
~ Torts Connected to Land ~
1. Definition
Unlawful interference with use or enjoyment of land.
Private nuisance = individual landholder’s rights vs public nuisance (affects public at large).
Only claimants with legal interest in land (owner/tenant) may sue.
2. Elements of Private Nuisance
Interference: Interference can be physical damage or amenity interference (noise, smell, vibrations). Examples: emanations (Hunter v Canary Wharf – disruption from building works), encroachments (Lemmon v Webb – overhanging tree branches), obstructions (Bradford v Pickles – blocked water rights), affronts (Laws v Florinplace – sex shop causing mental disturbance).
Unreasonableness: Interference must be substantial and unreasonable, assessed by locality, sensitivity, duration, purpose, and social benefit. Examples: locality (St Helen’s Smelting v Tipping – fumes from smelting works actionable), claimant sensitivity (Robinson v Kilvert – delicate paper damaged not actionable), duration (Rushmer v Polsue – night-time printing presses held unreasonable), legitimacy of purpose (Christie v Davey – intentional annoyance unreasonable), social benefit (Miller v Jackson – cricket balls tolerated due to public benefit).
Causation & Damage: Claimant must show the defendant’s actions caused the interference, resulting in physical or amenity damage. Physical damage (Lemmon v Webb – overhanging branches), amenity loss (Bradford v Pickles – interference with enjoyment), personal injury not actionable (Hunter v Canary Wharf – personal loss not recoverable).
3. Defences
Prescription: Continuous nuisance for 20+ years may allow defence if actionable throughout (Sturges v Bridgman – doctor’s consulting room; Coventry v Lawrence – Supreme Court clarified actionable nuisance requirement).
Statutory Authority: Activities authorised by statute may provide a defence (Allen v Gulf Oil Refining – noise and vibration from refinery; Marcic v Thames Water – statutory framework blocked nuisance claim).
Planning Permission / Local Authority Approval: May justify nuisance only if character of area changes; otherwise claim can succeed (Wheeler v Saunders – pig houses; Watson v Croft Promo-Sport – racing track; Coventry v Lawrence – planning permission did not prevent claim).
Volenti / Consent: Consent or participation by claimant may prevent claim (voluntary acceptance of interference).
4. Remedies
Injunctions: Court can order defendant to stop nuisance or take positive steps (Kennaway v Thompson – motorboats limited; Coventry v Lawrence – injunction balanced against public interest).
Damages: Compensation for loss or harm, including physical property or enjoyment of land (Hunter v Canary Wharf – personal injury not compensated; Shelfer v City of London Electric Lighting Co – damages could replace injunction in minor cases).
Abatement: Claimant may take reasonable self-help to stop nuisance (Lemmon v Webb – cutting overhanging branches at boundary).
