Nuisance Case Law Essay Example | Topics and Well Written Essays - 1000 words

Nuisance Case Law - Essay Example Winfield and Jolowize define private nuisance as an 'unlawful interference with a person's use or enjoyment of land, or some right over, or in connection, with it'. Lord Lloyd in Hunter v Canary Wharf1 stated that private nuisances are of three kinds. They 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. In Malone v Laskey 2 it was held that only a person who has a proprietary interest in the land affected by the nuisance can sue, for example, owner or reversioner, or be in exclusive possession or occupation of it as tenant or under a licence to occupy. Any person who creates the nuisance can be sued, whether or not that person is the occupier of the land at the time of the action. Public nuisance, in contrast, is both a crime and trot. It is defined by Romer L.J in Attorney-General v P.Y.A. Quarries Ltd 3 'any nuisance is "public" which materially affects the reasonable comfort and convenience of life of a class of Her Majesty's Subjects." However, now it needs to discuss about Statutory Nuisance. ... The first method is to require certain trades (referred to as 'offensive trades, and described in Acts of Parliament or local by laws) to be licensed in advance by the local authority. S.107 (1) of the Public Health Act 1936 provides a list of such trades (e.g. fat-extractor, fat -glue maker, shop- or tallow- or tripe-boiler), all of which are likely to cause obnoxious fumes or smells, while other provision of the Act (as well as Local Government Act, s.235) enable local authorities to extend the scope of the legislation to other treads or business, subject to confirmation by the Secretary of State. The second method is to describe certain unacceptable states of affairs as statutory nuisances and to provide summary remedies for them. For instance, section 92 (1) of the Public Health Act 1936 described certain matters as 'statutory nuisances, if they were nuisances at common law, or were 'prejudicial to health' (described by s. 343(1) as 'injurious or likely to cause injury to health'). Run down or defective premises, whether an actionable nuisance or not, may come under statutory nuisance prejudicial to health; and the same qualification may apply to the keeping of animals and to accumulations or deposits, such as manure or refuse. The Clean Air Act 1956, section 16, also provided the emission of smoke might, in certain circumstance, be treated as a statutory nuisance for the purposes of the Public health Act 1936. The Environmental Protection Act 1990 was passed to consolidate much of this material and the current matters which amount to a statutory nuisance are to be found in section 79. Where a statutory nuisance has been committed, it will be usual for the local authority to serve abatement notice, which, if not complied with,