Law of Tort
30th November 2022
Nuisance
There are 3 types of Nuisances:
1. Private Nuisance
2. Public Nuisance
3. Statutory Nuisance (defences)
Private Nuisance:
- An unlawful act, indirectly causing:
- Physical injury to land
- Interfering with enjoyment of land
- Interfering with interests in land
Examples:
- Roof tiles damaged by acid fumes.
- Noise
- Blocking a private right of way you have over land
Must prove actual damage in nuisance.
Nuisance is not actionable per se (in itself) and actual damage must be proved.
A distinction is made between physical damage to land and interference with
enjoyment of land.
1. Physical Damage:
- C must prove a material injury to property.
St Helen’s Smelting Co v Tipping (1865) (HL)
The claimant lived in a manufacturing area. The defendant’s smelting works was 1 ½
miles from C’s house. Fumes damaged shrubs on the claimant’s land.
- HELD: Tipping had proved physical damage to the plants, so St Helen’s were liable.
, 1. Interference with enjoyment of land:
- Interests protected
The law protects certain established interests but new ones may be recognised from
time to time.
Examples:
Noise
Smells
Smoke
But consider:
Brothel
Sex shops
Tv reception
Bridlington Relay v Yorkshire Electricity Board (1965)
The claimants put up a high mast for the purposes of providing their television service. The
D’s power line interfered with the signal for BBC programmes.
- HELD: Receiving television for recreational purposes was not an important part of
the enjoyment of property.
- So interference with tv reception was not a nuisance.
The Canadian courts have accepted that interference with television reception can
be a nuisance. (Nor Video Services v Ontario Hydro (1978) 84 DLR)
Hunter v Canary Wharf (1997) (HL)
Whether a tall building which interfered with television reception was a nuisance?
- HELD: No it was not a nuisance.
- Balance Between
Right of landowner to use their land as they wish
Right of neighbours not to have used their land interfered with
Activities only become unlawful if they are done unreasonably.
30th November 2022
Nuisance
There are 3 types of Nuisances:
1. Private Nuisance
2. Public Nuisance
3. Statutory Nuisance (defences)
Private Nuisance:
- An unlawful act, indirectly causing:
- Physical injury to land
- Interfering with enjoyment of land
- Interfering with interests in land
Examples:
- Roof tiles damaged by acid fumes.
- Noise
- Blocking a private right of way you have over land
Must prove actual damage in nuisance.
Nuisance is not actionable per se (in itself) and actual damage must be proved.
A distinction is made between physical damage to land and interference with
enjoyment of land.
1. Physical Damage:
- C must prove a material injury to property.
St Helen’s Smelting Co v Tipping (1865) (HL)
The claimant lived in a manufacturing area. The defendant’s smelting works was 1 ½
miles from C’s house. Fumes damaged shrubs on the claimant’s land.
- HELD: Tipping had proved physical damage to the plants, so St Helen’s were liable.
, 1. Interference with enjoyment of land:
- Interests protected
The law protects certain established interests but new ones may be recognised from
time to time.
Examples:
Noise
Smells
Smoke
But consider:
Brothel
Sex shops
Tv reception
Bridlington Relay v Yorkshire Electricity Board (1965)
The claimants put up a high mast for the purposes of providing their television service. The
D’s power line interfered with the signal for BBC programmes.
- HELD: Receiving television for recreational purposes was not an important part of
the enjoyment of property.
- So interference with tv reception was not a nuisance.
The Canadian courts have accepted that interference with television reception can
be a nuisance. (Nor Video Services v Ontario Hydro (1978) 84 DLR)
Hunter v Canary Wharf (1997) (HL)
Whether a tall building which interfered with television reception was a nuisance?
- HELD: No it was not a nuisance.
- Balance Between
Right of landowner to use their land as they wish
Right of neighbours not to have used their land interfered with
Activities only become unlawful if they are done unreasonably.
