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Summary Private nuisance
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An overview of private nuisance
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OVERVIEW OF PRIVATE NUISANCE Definition:
An unlawful, substantial and unreasonable interference with a person’s
use, comfort, enjoyment and any interest that a person may have over his
land. (definition of private nuisance from the case of Read v Lyons & Co
Ltd [1945]
3 kinds of interest are therefore protected:
The plaintiff’s interest over the land per se
The use and enjoyment of land
These interests may be interfered with at one time
Elements of Private Nuisance
Indirect interference with the use or enjoyment of land
Substantial
Unreasonableness
Damage has been suffered
Indirect physical damage to the property
By causing personal discomfort (loss of amenity)
Establishing Private Nuisance
Substantial interference
Interference with the use, comfort, or enjoyment of land
Material or physical damage to land or property
Unreasonableness
Damage and location of the Plaintiff’s and Defendant’s premises
Public benefit of the defendant’s activities
Extraordinary sensitivity on the part of the plaintiff
Interference must be continuous
Temporary interference and isolated incident
Malice
SUBSTANTIAL INTERFERENCE
Nuisance is not a tort which is actionable per se.
The plaintiff must prove that he has suffered damage in order to succeed
in his claim
What constitutes substantial interference differs according to which of the
recognized types of damage and interference the plaintiff has suffered.
Interference with the use, comfort, or enjoyment of land.
Known as amenity nuisance
They result in the feeling of discomfort whereby one is unable to
live peacefully and comfortably on one’s own land arising from the
defendant’s activity.
Depends on the facts and circumstances in each case.
Decisions have to be made on a case by case basis.
English Law cases
Andrea v Selfridge & Co Ltd [1937]
—loss of one night’s sleep due to
excessive noise.
Laws v Florinplace Ltd [1981]—as
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