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Summary Who can sue under private nuisance
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A concise description of who is able to sue under private nuisance with cases.
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Who can sue? Only a person who has some proprietary interest or other interest in land can
maintain an action.
Examples of persons who have some proprietary interest:
Landowner
Tenant
Lessee/person who is in actual possession
Reversioner (entitled to claim for permanent damage or interference
(which continues indefinitely but not interference of temporary nature)
The case of Hunter:
A person needs some proprietary interest in the land in order to sue.
Personal injuries per se are not recoverable in the action for private
nuisance.
Nuisance by encroachment and direct physical damage to the land
or the property is clearly recoverable in the form of a diminution in
the value of the land.
Where a P suffers the loss of amenities, it is recoverable not as an
aspect of personal injuries but on the basis of the diminution in the
value of the land (the amenity value).
HUMAN RIGHTS ACT 1998 AND NUISANCE:
MCKenna & Others v British Aluminium (2002)
Some of the claimants had no interest in the land.
Through implementation of Article 8 of the Human Rights Act, their
claim was not struck out.
Art 8(1) : all citizens have an equal respect for their private lives
Pemberton v Southwark LBC (2001)
A tolerant trespasser who had exclusive possession of premises had
a sufficient interest in land to allow her to sue the local authority in
nuisance.
A tolerated trespasser has been applied to a person who was
formerly a secure tenant, whose tenancy has come to an end
pursuant to a court order, but who has nonetheless remained in
occupation in circumstances tolerated by the former landlord.
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