Someone recently bought our

students are currently browsing our notes.

X

Private Nuisance Notes

Law Notes > Intentional Torts Notes

This is an extract of our Private Nuisance document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

NUISANCE

INTENTIONAL

TORTS

|

77

NUISANCE


Interference

with

the

enjoyment

of

land,

both

private

and

public.


Private

Nuisance


Public

Nuisance


Concerns

a

nuisance

to

the

private


Concerns

a

nuisance

to

those

interests


rights

of

individuals,

(the

use

and


that

are

shared

by

the

public.


enjoyment

of

land).


Kent

v

Johnson

(1972):


Hargrave

v

Goldman

(1963):


"unlawful

act

or

omission

which


"an

unlawful

interference

with

a


endangers

the

lives,

safety,

health,


persons

use

or

enjoyment

of

land,

or


property

or

comfort

of

the

public

or

by


some

right

over,

or

in

connection

with

which

the

public

are

obstructed

in

the


it"


exercise

or

enjoyment

of

any

right

--

Windeyer

J


common

to

all."

* Public

nuisance


o Must

be

on

property

that

the

public

has

the

right

to

enjoy


SS? Actions

brought

by

the

Attorney

General,

not

usually

by

an


individual


o Use

and

enjoyment

of

the

land

must

be

inhibited,

not

necessarily

a


direct

interference

with

the

land

itself

78 |

INTENTIONAL

TORTS

NUISANCE:


PRIVATE


NUISANCE


INTENTIONAL

TORTS

|

79

PRIVATE

NUISANCE


Private

nuisance

is

the

unreasonable

and

substantial

interference

with

the

use

and


enjoyment

of

land

-

Hargrave

v

Goldman

* Grew

as

a

means

of

regulating

the

mutual

obligations

of

neighboring


landowners

* The

essence

of

private

nuisance

is

something

that

causes

an

unreasonable


inconvenience

to

ones

use

and

enjoyment

of

land


o Examples:


SS? Barking

dogs


SS? Overhanging

trees

and

branches


SS? Loud

music


SS? Bad

smells


SS? Bright

lights


SS? Glare


SS? The

existence

of

a

brothel

in

close

proximity

to

domestic


houses

* Must

be

unreasonable

and

substantial

nuisance


o Just

because

you

move

to

an

area

does

not

bar

someone

from


bringing

an

action


Considerations/Elements:

1. Does

the

plaintiff

have

title

to

sue?

Who

can

be

sued?

2. Is

the

interference

unreasonable?

3. Defences

4. Remedies


Does

the

plaintiff

have

title

to

sue?

* The

plaintiff

must

have

an

interest

in

or

appropriate

rights

over

the

land


o Exclusive

possession

* Generally,

this

is

dependent

on

actual

possession

of

the

land


o Sutherland

Shire

Council


SS? Eg:

freeholder,

tenant,

licensee

with

exclusive

possession

* Animal

Liberation

(Vic)

v

Gosser

* Deasy

Investments

* Someone

who

is

'visiting'

and

not

on

the

lease

has

no

standing

80 |

INTENTIONAL

TORTS

Buy the full version of these notes or essay plans and more in our Intentional Torts Notes.