Private Nuisance
An unlawful interference with a person’s use of land, or some right over or in connection with it.
The objectives are to balance the conflicting interests between neighbours and to decide at what
point an interference becomes intolerable.
Types of Interference
- Encroachment onto the plaintiff’s land
– Entering into someone else’s property
- Physical Damage to the plaintiff’s land
– Where the Plaintiff suffered actual damage to the property
– In the case of Hotel Continental SB v Cheong Fatt Tze Mansion SB, the court granted an injunction even though the piling works to the defendant’s hotel were temporary as it had caused cracks to appear on the plaintiff’s heritage building.
- Interference with the plaintiff’s comfort and convenience
– Where the plaintiff does not suffer any physical damage to his property but feels discomfort.
– In Bone v Seal, the court held the defendant liable as foul smell coming from a pig farm for 12 years was a nuisance.
Elements of Private Nuisance
- Substantial Interference
– Plaintiff must have suffered damage
– In Hotel Continental SB v Cheong Fatt Tze Mansion SB, the court granted an injunction even though the piling work to the defendant’s hotel was temporary as it had caused substantial interference, which was the appearance of cracks, on the plaintiff’s heritage building.
- Unreasonableness
Rule: The interference must be unreasonable before it can be considered unlawful.
TEST OF REASONABLENESS
According to Buckley J in Saunders-Clark v Grosvenor Mansions Co Ltd, the court must consider whether the defendant is using the property reasonably or not. If he is using it reasonably, there is nothing which at law can be considered a nuisance, but if he is not using it reasonably then the plaintiff is entitled to relief.
Factors Determining Reasonableness
- Locality
– What is considered a nuisance in one country may not be considered a nuisance in another.
– In Laws v Florinplace, the court held that the defendant liable as a sex shop in a residential area was considered unreasonable, thus making it a nuisance.
- Seriousness of the Interference
– If the defendant’s activity is only taking place once a week and does not cause any physical damage to the plaintiff’s property, then it is not unreasonable, and cannot be considered as a nuisance.
Who can sue in Private Nuisance?
The plaintiff must have an interest in the property affected.
Plaintiff must also have a connection to the property such as she has title, ownership or occupier of the land.
This excludes those without interest, thus a person cannot sue without an interest in the land such as hotel guests, licensees, a wife, children.
In Malone v Laskey, the court denied the plaintiff her remedy for the injury that she suffered arising from the defendant’s construction site as she did not have any interest in the property.
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