Elements which constitute a private nuisance. The occurrence of a private nuisance can be determined by the duration of the alleged nuisance. Proving nuisance. Kotze. There are two main types of nuisance: (1) direct injury to the claimant’s land, and (2) interference with the use and enjoyment of land. Lyons. The ordinary paper would not have been damaged. Private nuisance Substantial and unreasonable Concerning to access the reasonableness of the harm occasioned to the claimant Hunter View all for Law and Public Services Private Nuisance. II) Private Nuisance: Private Nuisance is the using or authorising the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience. The Law of Succession in South Africa J. Jamneck, C. Rautenbach. If a nuisance causes problems to the general public, it's classified as a public nuisance. Private Nuisance notes and revision materials. Siber Ink. BTEC Level 3 National Sport Book 1 R. Barker, C. Lydon R. Barker, C. Lydon Popular books for Arts, Humanities and Cultures. The interference must be unreasonable or unlawful. If, on the other hand, a nuisance interferes with the right of specific person or entity, it is considered a private nuisance. Remedies for private nuisance include injunction, damages, and abetment of nuisance. Both in everyday vernacular and in legal terms, a nuisance is something that causes an annoyance. A person having no legal, equitable or statutory interest in the property cannot sue for private nuisance. [2] Duration of Nuisance. Labour law rules! Why not see if you can find something useful? There was no private nuisance (Robinson v Kilvert (1888), Bridlington Relay Co v Yorkshire Electricity Board [1965] Ch 436, McKinnon Industries Ltd v Walker [1951] 3 DLR 577). View nuisance (note).docx from LAW 3422 at University of Leeds. We also stock notes on GDL Tort Law as well as GDL Law Notes generally. Unlike public nuisance, in private nuisance, an individual’s usage or enjoyment of property is ruined as distinguished from the public or society at large. Defenses to an Action for Nuisance 1) That the act in question is not an unreasonable interference with use and enjoyment of land. Torts 1113 Exam Notes Sample Private nuisance An unreasonable interference with the P’s use and enjoyment of the land Standing to sue In order to sue, the P must be in exclusive possession of land PI with exclusive right to possession of land -owner -tenant (in possession) -reversioner (if the nuisance would affect the reversioner’s interest) Constitutional Law in Context D. Brand, C. Gevers. Introduction to Law and Legal Skills J. Barnard-Naude, L.J. AQA A-level History: Britain 1851-1964: Challenge and Transformation N. Shepley, M. Byrne. Popular books for Law and Public Services . Specifically, nuisance is an injury caused by unreasonable interference with the use of land. William Prosser, a famous American legal scholar, once stated, “there is perhaps no more impenetrable jungle in the entire law than that which surrounds the word ‘nuisance.’ ” [1] Nuisance is part of a class of torts which protect against harms to property. The Law of Contract in South Africa D. Hutchison, C. Pretorius. Politics A. Heywood. AQA A-level History D. Ferry, A. Anderson. The Court applies different tests depending on which one is alleged. The remedy for private nuisance is a civil action for damages or an injunction or both. 1 – Direct interference with the claimant’s land Bamford v Turnley is important for defining private nuisance in tort. 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