Nuisance; types of interference; who can sue in private nuisance?; damages recoverable
Lord Lloyd said the three types of interference within private nuisance are:
1) nuisance by encroachment on a neighbour's land;
2) nuisance by direct physical injury to a neighbour's land; and
3) nuisance by interference with a neighbour's quiet enjoyment of his land.
Disruption to TV reception caused by a new building was not an actionable interference in private nuisance.
- Also, only a person with the right to exclusive possession of land can sue in private nuisance (ie owner-occupier or tenant)
- Nb- landowner may sue if a tenant is causing permanent damage (eg structural damage) to the property.
Finally, Lord Hoffman said that no claim lies in private nuisance for personal injury. Such a claim lies in Negligence. Hoffman also suggested, consequential losses should be recoverable too.