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Private Nuisance
Definition:
- An unlawful interference with a persons use of land, or
some right over or in connection with it.
Objectives:
- To balance the conflicting interests between neighbours
- To decide at what point an interference becomes
intolerable
Types of Interference:
- Encroachment onto the plaintiffs land
- entering into someone elses property
- E.g: Overhanging branches from a neighbours tree
into the plaintiffs garden
- Davey v Harrow
The court held the defendant liable for encroachment
of land under private nuisance where the roots of
trees from the defendants property had entered the
plaintiffs adjoining property and caused damage to
it.
- Physical damage to the plaintiffs land
- Where the plaintiff suffered actual damage to the
property.
- E.g: A renovation causes cracks to appear on the
plaintiffs property; water overflow from the
defendants property causes damage to the plaintiffs
house.
- Hotel Continental SB v Cheong Fatt Tze Mansion SB
The court granted an injunction even though the
piling works to the defendants hotel were temporary
2. Unreasonableness
- Rule: The interference must be unreasonable before
it can be considered unlawful.
- TEST of reasonableness:
According to Buckley J in Saunders-Clark v Grosvenor
Mansions Co Ltd, The court must consider whether
the defendant is using the property reasonably or
not. If he is using it reasonably, there is nothing
which at law can be considered a nuisance, but if he
is not using it reasonably then the plaintiff is entitled
to relief.
Factors determining reasonableness:
1. Locality
- It is a relevant factor in cases of personal injuries.
- What is considered a nuisance in one country may
not be considered a nuisance in another.
- The character of a locality may change over time;
therefore the same activity may give rise to an
actionable nuisance at a particular time, but not at a
later time.
- What is regarded as excessive in a certain locality
would be considered unreasonable, thus amounting
to a substantial interference.
- However, if the interference causes physical
damage to the property, then the locality or
surrounding circumstances becomes irrelevant.
- Laws v Florinplace
The court held the defendant liable as a sex shop in a
residential area was considered unreasonable, thus
making it a nuisance.
2. Seriousness of the interference
nuisance
- AG v PYA Quarries
The court granted an injunction and held that a few
houses affected by the dust and vibration from the
between
public
Public Nuisance
The plaintiff is not required to
have an interest in the property.
Does not necessarily concern
land.
The plaintiff needs to prove that
he constitutes the public or is a
section of the public.
An action is commenced by a
class or group of plaintiffs.
The plaintiff must have suffered
nuisance
and
private
Private Nuisance
The plaintiff must have an
interest in the property.
Concerns property and land.
The plaintiff is not required to
be a part of the public.
It is an action between
individuals.
The plaintiff
must have
Defences
1. Rebuttal
- Where the defendant counter-argues and contends
that his activity is reasonable.
2. Statutory authority (For both, private and public nuisance)
- Where there is a statute which allows the defendant
to conduct the activity.
- Allen v Gulf Oil Refining
The court held that
statutory immunity
defendant to carry
though the plaintiff
and vibration.
3. Act of nature
- Where events occur out of the control of defendant
and without any human intervention
- E.g: Heavy rainfall, earthquakes, landslide.
4. Consent
- Where the plaintiff had consented to the defendants
activity.
Invalid defences