Nuisance

Nuisance -

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public nuisance private nuisance  interference with an easement  encroachment onto a neighbour’s land  direct physical injury to a neighbour’s land  interference with a neighbour’s quiet enjoyment of land Principles of private nuisance only unreasonable invasions and inferences are actionable commonplace incidents of living which intrude may become unreasonable and actionable if repeated too often, on the “constant dripping wears away a stone” analogy The geographical location of the incidents can make a difference to the success of an action. The defendant is not liable if the plaintiff, or the plaintiff’s property, is unduly sensitive to some otherwise unremarkable interference, unless it is done deliberately to cause annoyance or harm The presence of malice can make a claim succeed where it might otherwise fail. It is no defence to show that “the plaintiff came to the nuisance” It is no defence to say “I did not create the nuisance”

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Remedies for private nuisance Damages Injunctions Abatement

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