Private Nuisance

4 important questions on Private Nuisance

What is the three part test for private nuisance

-legal right to bring a claim
-interference caused damage or loss of amenity
-unlawful

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.
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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

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