ABSTRACT
This is the first of three chapters dealing with aspects of nuisance. This chapter covers private nuisance, defined as: an unlawful interference with the claimant’s use or enjoyment of land. It examines who may sue in private nuisance, noting the need for the claimant to have an interest in the land affected. It considers who may be sued in nuisance, noting the position where an occupier of land adopts or continues a nuisance. It then examines elements of a claim in private nuisance, noting that unlawful interference can arise from: encroachment on to the claimant’s land; tangible damage to the claimant’s land; and intangible amenity damage causing interference with enjoyment of the claimant’s land. For cases of intangible amenity damage, the chapter shows how a balance must be struck between the rights of claimant and defendant by the requirement that the interference must be unreasonable. Here, it notes the factors of character of the neighbourhood, intensity and duration of the interference, abnormal sensitivity, and malice. It also notes factors that do not excuse a nuisance, such as planning permission and coming to an existing nuisance. After considering possible defences, the chapter outlines remedies for a claim in nuisance.
