Summary: Torts Connected To Land
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Read the summary and the most important questions on Torts Connected to Land
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1 Private Nuisance
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What is the three part test for private nuisance
-legal right to bring a claim
-interference caused damage or loss of amenity
-unlawful -
1.1 Legal Rights
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What did Hunter v Canary Wharf decide
-TV reception and view disturbed by building site
-Woman tried to sue for private nuisance however as her husband was the property owner, she couldn't sue die to no legal interest in property. -
Sedleigh Denfield v O'Callaghan
-Pipe the council installed on mans property burst and caused a nuisance
-Even though he didn.t cause the nuisance it came from his land so he was defendant. -
1.2 Interference
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What are the two types of interference
-Physical damage (St Helen's smelting v Tipping)- damage more likely to be nuisance then loss of amenity
-Loss of amenity (De Keysers Hotel v Spicer Bros)- things like noise and smell can amount to an interference if frequent enough -
1.3 Unlawful/Unreasonable
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What are the 6 factors relevant to explain unreasonableness (SLDMSP)
1)Sensitivity
2)Locality
3)Duration
4)Malice
5)Socialutility
6)Planning permission -
Crown river cruises
-nuisance can be so significant in it's damage that even if it's a one off event it is still legally a nuisance -
Emmet v Hollywood silver fox farm
-man fired gun in farm to scare foxes reducing farmers profits, malice so nuisance -
What is social utility
-Whether the nuisance benefits society (Denis v MOD) -
Wheeler v JJ Saunders
- if they have planning permission less likely to be deemed a nuisance -
2 Rylands v Fletcher
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2.1 Case Info
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What are the case facts of Rylands v fletcher
-D built a reservoir on his land which came in contact with an old mineshaft on his land
-Contractors didn't seal it properly and water escaped and damaged C's property
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