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9084 · 4.2.2

Private nuisance

9084 Tort — unreasonable interference with land use, balancing interests.

Need to know

What you need to know

  • Definition: An indirect and unreasonable interference with the use or enjoyment of land.
  • Locus Standi: The claimant must have a legal interest in the land (e.g., owner, tenant).
  • Key Case: *Hunter v Canary Wharf Ltd* affirmed that mere licensees cannot sue.
  • The term 'unlawful' in the context of nuisance means 'unreasonable'.

Explanation

Private nuisance

  1. Definition: An indirect and unreasonable interference with the use or enjoyment of land.
  2. Locus Standi: The claimant must have a legal interest in the land (e.g., owner, tenant).
  3. Key Case: *Hunter v Canary Wharf Ltd* affirmed that mere licensees cannot sue.
  4. The term 'unlawful' in the context of nuisance means 'unreasonable'.