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
- 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'.