ABSTRACT
Private nuisance aims to balance the rights of neighbouring landowners to use their own land without unreasonably affecting one another. The law of nuisance protects a wide range of interests of the owners of land, for example, noise, smoke, smells and a brothel in a residential street, Thompson-Schwab v Costaki 1 All ER 652. In order to sue under Rylands v Fletcher the claimant must have an interest in land. An occupier of land will be liable for any nuisance which they cause or which is caused by someone they control or by a previous occupier or by the act of a trespasser. In addition to a claim in nuisance a claim may be made under Article 8 of the European Convention on Human Rights for interference with private and family life. The advantages of taking action in public nuisance are that there is no need for an interest in land and a claim may be made for personal injury.
