The legal issues that have arisen in this scenario are those concerned with private nuisance. The tort of private nuisance has been developed to protect the interests of land owners who have the right to the use and enjoyment of their property without interference. It is effectively the land that is protected and only those who own or have an interest in the land may bring a claim in private nuisance. The nuisance that Kate is suffering stems from the noise generated by a nearby airfield. Statute and case law will be employed to determine whether Kate has a case and what remedies if any are available to her.
When cases of private nuisance arise it is not always possible to ascertain what the outcome will be. This is because the courts will usually be required to resolve competing interests between neighbouring properties both with owners or other interested parties who will also have the right to the use and enjoyment of their land. A private nuisance may be defined as an unreasonable interference with the use and enjoyment of land or with some right over, or connection with it. Steele, J (2014) p 595. For example, contaminating another persons land with little or toxic fumes would be considered to be a private nuisance.
Kate bought the property two years ago and moved …show more content…
It was held in this case that ordinary paper would not have been damaged and therefore there was no element of foreseeability. The claim failed because the paper was sensitive to heat. The principle was expressed thus, It is necessary to determine whether the act complained of is an inconvenience materially interfering with the ordinary physical comfort of human existence , not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions obtaining amount English people (Luxmoore, J at
When cases of private nuisance arise it is not always possible to ascertain what the outcome will be. This is because the courts will usually be required to resolve competing interests between neighbouring properties both with owners or other interested parties who will also have the right to the use and enjoyment of their land. A private nuisance may be defined as an unreasonable interference with the use and enjoyment of land or with some right over, or connection with it. Steele, J (2014) p 595. For example, contaminating another persons land with little or toxic fumes would be considered to be a private nuisance.
Kate bought the property two years ago and moved …show more content…
It was held in this case that ordinary paper would not have been damaged and therefore there was no element of foreseeability. The claim failed because the paper was sensitive to heat. The principle was expressed thus, It is necessary to determine whether the act complained of is an inconvenience materially interfering with the ordinary physical comfort of human existence , not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions obtaining amount English people (Luxmoore, J at