W9 – Nusiance
Land Torts
Traditional torts: directed to particular interests/harms
One interest we have is in any land we own
Two torts protect interests in land:
1. Trespass: protects against others’ physical intrusion (‘Keep
out!’)
2. Nuisance: protects against other activities or states of affairs
which interfere with our ability to use and enjoy our land
(‘You’re disturbing my enjoyment of my land!’)
Who can we sue?
Nuisance protects interests in land, so only those with sufficient
interests in the affected land can bring a claim: Hunter v Canary
Wharf
o Owners,
o Tenants,
o Not occupants who live with owners/tenants (eg family members,
flat mates).
o FACTS: A large tower was constructed in the Docklands area of East
London which now goes by the name of One Canada Square. It was
constructed by Canary Wharf Ltd. The tower was 250 metres tall
and was completed near the end of 1990. Its location was very
close (less then 10 kilometres away) to the primary television
transmitter of the BBC, which is located in Crystal Palace. As a
result, the tower interfered with the television reception of a group
of residents of the Isle of Dogs. This interference was fixed by April
1991 through the installation of a broadcast relay in Balfron Tower.
The claim in the case argued private nuisance for the period during
which interference was felt. 690 claims were made against Canary
Wharf Ltd on those grounds. Further, 513 claims were started
against London Docklands Development Corporation for damages
suffered from excessive dust emanating from the construction site.
Some of the claimants were either owners or tenants, but others did
not have any property interests.
o HELD: The issue was whether interference with one’s TV reception
amounted to actionable nuisance and, further, whether it was
necessary for the claimant to have a property interest before a
claim could be launched. The court held it could not. Further, it was
held that only claimants with property rights can launch actions for
private nuisance. Khorasanjian v Bush [1993] 3 WLR 476 was
overruled in that a mere licensee can start a private nuisance
action.
“In this case, however, the defendants say that the type of
interference alleged, namely by the erection of a building between
the plaintiffs’ homes and the Crystal Palace transmitter, cannot as a
matter of law constitute an actionable nuisance. This is not by
virtue of anything peculiar to television. It applies equally to
, interference with the passage of light or air or radio signals or to the
obstruction of a view. 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. The owner’s right to build can be restrained only by
covenant or the acquisition (by grant or prescription) of an
easement of light or air for the benefit of windows or apertures on
adjoining land.” (Lord Hoffman).
Interference
How can you interfere with my use and enjoyment of my land (other by
physical intrusion)?
o Encroachment of material from your land: overhanging branches
etc
o Sensory disturbances: noise, smells etc
o Obstruction: blocking light etc
Encroachment
• You commit a trespass if you enter my land absent my permission or other
lawful authority, or if you directly cause some other object to enter my
land (eg you hit a ball into my garden)
• If branches or roots from your land cross onto mine, this is not a trespass
but a nuisance.
Emanations
• Noise and smells coming from you/your land = emanations
• Not all emanations which interfere with my enjoyment of my land are
nuisances.
• Nuisance only if the interference is unreasonable.
Types of interference
Two different ways you may interfere with my enjoyment of my land
o Physical damage to the land
o Reduction in amenity value.
Physical damage to land
Includes damage to objects—buildings, plants etc—attached to the
land.
o Eg pollution killing crops, vibrations from drilling breaking windows
But (probably) not damage to other items on the land.
o Eg pollution killing potted house plants, vibrations from drilling
causing a vase to fall and smash.
o Such interferences may still count as nuisance on the basis they
interfere with amenity value of land.
o Damage to such items actionable, if at all, in negligence.
Reduction in amenity value
Land Torts
Traditional torts: directed to particular interests/harms
One interest we have is in any land we own
Two torts protect interests in land:
1. Trespass: protects against others’ physical intrusion (‘Keep
out!’)
2. Nuisance: protects against other activities or states of affairs
which interfere with our ability to use and enjoy our land
(‘You’re disturbing my enjoyment of my land!’)
Who can we sue?
Nuisance protects interests in land, so only those with sufficient
interests in the affected land can bring a claim: Hunter v Canary
Wharf
o Owners,
o Tenants,
o Not occupants who live with owners/tenants (eg family members,
flat mates).
o FACTS: A large tower was constructed in the Docklands area of East
London which now goes by the name of One Canada Square. It was
constructed by Canary Wharf Ltd. The tower was 250 metres tall
and was completed near the end of 1990. Its location was very
close (less then 10 kilometres away) to the primary television
transmitter of the BBC, which is located in Crystal Palace. As a
result, the tower interfered with the television reception of a group
of residents of the Isle of Dogs. This interference was fixed by April
1991 through the installation of a broadcast relay in Balfron Tower.
The claim in the case argued private nuisance for the period during
which interference was felt. 690 claims were made against Canary
Wharf Ltd on those grounds. Further, 513 claims were started
against London Docklands Development Corporation for damages
suffered from excessive dust emanating from the construction site.
Some of the claimants were either owners or tenants, but others did
not have any property interests.
o HELD: The issue was whether interference with one’s TV reception
amounted to actionable nuisance and, further, whether it was
necessary for the claimant to have a property interest before a
claim could be launched. The court held it could not. Further, it was
held that only claimants with property rights can launch actions for
private nuisance. Khorasanjian v Bush [1993] 3 WLR 476 was
overruled in that a mere licensee can start a private nuisance
action.
“In this case, however, the defendants say that the type of
interference alleged, namely by the erection of a building between
the plaintiffs’ homes and the Crystal Palace transmitter, cannot as a
matter of law constitute an actionable nuisance. This is not by
virtue of anything peculiar to television. It applies equally to
, interference with the passage of light or air or radio signals or to the
obstruction of a view. 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. The owner’s right to build can be restrained only by
covenant or the acquisition (by grant or prescription) of an
easement of light or air for the benefit of windows or apertures on
adjoining land.” (Lord Hoffman).
Interference
How can you interfere with my use and enjoyment of my land (other by
physical intrusion)?
o Encroachment of material from your land: overhanging branches
etc
o Sensory disturbances: noise, smells etc
o Obstruction: blocking light etc
Encroachment
• You commit a trespass if you enter my land absent my permission or other
lawful authority, or if you directly cause some other object to enter my
land (eg you hit a ball into my garden)
• If branches or roots from your land cross onto mine, this is not a trespass
but a nuisance.
Emanations
• Noise and smells coming from you/your land = emanations
• Not all emanations which interfere with my enjoyment of my land are
nuisances.
• Nuisance only if the interference is unreasonable.
Types of interference
Two different ways you may interfere with my enjoyment of my land
o Physical damage to the land
o Reduction in amenity value.
Physical damage to land
Includes damage to objects—buildings, plants etc—attached to the
land.
o Eg pollution killing crops, vibrations from drilling breaking windows
But (probably) not damage to other items on the land.
o Eg pollution killing potted house plants, vibrations from drilling
causing a vase to fall and smash.
o Such interferences may still count as nuisance on the basis they
interfere with amenity value of land.
o Damage to such items actionable, if at all, in negligence.
Reduction in amenity value
