Tort -> Nuisance

Definition: as ‘continuous, unlawful and indirect interference with a person’s enjoyment of land or some right over, or in connection with it’. State of Land; An occupier must take such steps as are reasonable to prevent or minimise dangers to adjoining land from natural hazards on his land (Leakey v National Trust).

Ingredients of Unreasonable use of land: Locality; It was stated in Sturges v Bridgman ‘what may be a nuisance in a residential area need not be in an industrial area’. Nuisance must be continuous (Bolton v Stone) over a period of time with the claimant's use or enjoyment of land. The utility of the defendant's conduct; It will be unlikely for an activity to amount to a nuisance if it is useful for the community as a whole (Harrison v Southwark Water). Sensitivity of the claimant: The standard of tolerance is that of the 'normal' neighbour. Therefore, abnormally sensitive plaintiffs are unlikely to succeed in their claims for private nuisance. (Robinson v Kilvert). Malicious behaviour on part of the defendant maybe regarded as evidence of unreasonableness (Christie v Davey).

Interference with use/enjoyment of land The claimant must usually prove damage, physical damage to the land itself or property; or injury to health, which prevents a person enjoying the use of their land (Halsey v Esso Petroleum - disturbing neighbours' sleep by noise and vibrations and damage to clothes from acid smuts). HoL in Hunter v Canary Wharf stated interference with TV reception does not amount to nuisance as it is not interference with use or enjoyment of land. The general principle is that at common law anyone may build whatever he likes upon his land. If the effect is to interfere with the light, air or view of his neighbour, that is his misfortune.

Defences Prescription: If the nuisance has been continued for 20 years without interruption the defendant will not liable for a nuisance (Sturges v Bridgeman). Statutory authority: If it can be shown that the activities complained about were authorised (expressly or impliedly) by a statute (Allen v Gulf Oil) Coming to the nuisance: It is no defence to prove that the claimant came to the nuisance: (Miller v Jackson: the cricket ball case)