Claims in Private Nuisance
This chapter includes:
- Introduction to Nuisance
- Basic Rights
- Intensity of interference
- The sensitivity of the claimant
- Bad Intentions
Introduction to Nuisance
It deals with indirect and unreasonable interferences to land. The tort of Private nuisance regulates the relationship between neighbours and defines their mutual rights and obligations with respect to use of their land.
Every occupier/owner of a land has right of quiet and peaceful use and enjoyment of his/her land.
- Interference with amenity interests by creating Noise, Smell, and Dust
- Actual Damage to property, flooding, noxious fumes or vibration by neighbours’ act or omission
- Encroachment (trees, tree roots or overhanging branches)
Law on Nuisance encourages people to be good neighbours. The neighbours must have a proprietary interest in land to make a claim which effectively means that a person cannot claim in private nuisance if they are just a member of the landowners’ family, a guest, a lodger or an employee. (as it is an indirect tort of land not tort of people)
Factors that are always considered
Intensity of interference
Everybody has to put up with some interference from their neighbours at some time or other, however, these interferences may become unreasonable when they occur frequently or for a long time period of time.
- A neighbour who listens to loud music most of the time may cause a nuisance as compared to a neighbour who once or twice in a year plays loud music for a party.
Character or nature of the area is an important factor as well. A person living in or close to an industrial estate may find it difficult to establish a claim for the noise which emanates from such estate.
Whereas a factory or workshop in the middle of a residential area will be in wrong locality and neighbours are likely to have a successful claim in the tort of Nuisance.
The sensitivity of the claimant
To be a nuisance, the defendant’s use of the land has to be potentially unreasonable to anyone. This implies that where someone is affected because of their own sensitivity will be unable to claim. However, it may prove difficult to determine what is unduly sensitivity.
The motive of the defendant may also be taken into account in the cases of a nuisance.
While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result, legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.
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