Summary Private nuisance

OVERVIEW OF PRIVATE NUISANCE
 Definition:
 An unlawful, substantial and unreasonable interference with a person’s
use, comfort, enjoyment and any interest that a person may have over his
land. (definition of private nuisance from the case of Read v Lyons & Co
Ltd [1945]
 3 kinds of interest are therefore protected:
 The plaintiff’s interest over the land per se
 The use and enjoyment of land
 These interests may be interfered with at one time
 Elements of Private Nuisance
 Indirect interference with the use or enjoyment of land
 Substantial
 Unreasonableness
 Damage has been suffered
 Indirect physical damage to the property
 By causing personal discomfort (loss of amenity)
 Establishing Private Nuisance
 Substantial interference
 Interference with the use, comfort, or enjoyment of land
 Material or physical damage to land or property
 Unreasonableness
 Damage and location of the Plaintiff’s and Defendant’s premises
 Public benefit of the defendant’s activities
 Extraordinary sensitivity on the part of the plaintiff
 Interference must be continuous
 Temporary interference and isolated incident
 Malice
 SUBSTANTIAL INTERFERENCE
 Nuisance is not a tort which is actionable per se.
 The plaintiff must prove that he has suffered damage in order to succeed
in his claim
 What constitutes substantial interference differs according to which of the
recognized types of damage and interference the plaintiff has suffered.
 Interference with the use, comfort, or enjoyment of land.
 Known as amenity nuisance
 They result in the feeling of discomfort whereby one is unable to
live peacefully and comfortably on one’s own land arising from the
defendant’s activity.
 Depends on the facts and circumstances in each case.
 Decisions have to be made on a case by case basis.

English Law cases
Andrea v Selfridge & Co Ltd [1937]
—loss of one night’s sleep due to
excessive noise.
Laws v Florinplace Ltd [1981]—as