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  • Nuisance
    • Definition of Private Nuisance
      • “An (indirect) unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it.”
    • Who can sue in Private Nuisance?
      • To bring a claim under Private Nuisance, the claimant must have a legal interest (Proprietary Interest) in the land, such as a Freehold or Leasehold possession. 
    • Who is liable in Private Nuisance?
      • Those liable do not need to have a proprietary interest in the land.
        • The creator of the nuisance
        • Landlords
        • The occupier of the land from which the nuisance originates
          • Can also be liable for nuisances created by:
            • Independent contractors
              • Occupier will be liable for the work done by an independent contractor if there is a real danger of a nuisance occurring and they have not taken reasonable measures to prevent it. 
            • Trespassers
              • Occupier will be liable for nuisances created by trespassers if the adopt the nuisance or allow the nuisance to continue.
            • Act of Nature/ God
              • The Occupier will be required to do what is reasonable under the circumstances to prevent or minimise the know risk of damage to their neighbour or their property.
    • Elements of Private Nuisance
      • Unlawful use of Land
        • Locality
          • locality of the potential nuisance.
        • Duration
          • The activity must be continous
        • Malice
          • The defendant’s motive, if it can be characterised as ill-will or spite, may well result in the court regarding what would otherwise be a reasonable activity as unreasonable and therefore a nuisance.
        • Sensitivity of the claiment
          • Nuisance only operates to protect the claimant’s reasonable use of their land.
      • Indirect Interference
      • Use and Enjoyment of Land
    • Defences to private nuisance
      • Prescription
        • For 20 years the activity must have been causing an actionable as a private nuisance
      • Statutory Authority
        • An Act of Parliament can allow a defence to nuisance.?
      • Planning Permission/ Consent
        • Planning permission granted by local authorities can negate a nuisance.?


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