Nuisance can be separated into private, public and statutory nuisance.
Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property . However, if the occupier or landlord are not the creators of the nuisance but it has occurred on their property they may still be liable as they have failed to deal with the nuisance on time . In Page Motors Ltd v Epsom & Ewell Borough Council [1982] 80 LGR 337 the local council was liable for people continually …show more content…
A public nuisance is defined as "something which affects a reasonable class of Her Majesty’s citizens materially or in the reasonable comfort and convenience of life” . However, a claim can only be brought for public nuisance if an individual or individuals have suffered from the nuisance more than is caused to the class .
In the last century several statutes have been brought forward which would protect a landowner and their environment from nuisance such as the Environmental Protection Act 1990 and Environment Act …show more content…
Owners can suffer negligence in different ways, such as accepting false information from surveyors when purchasing investment properties. However, it must be noted that the surveyor does not have a duty to provide the owner with advice whether or not to purchase an investment but they do have a duty to provide correct values which as described in a recent case ,Scullion v Bank of Scotland that the valuers did not comply with. The owners of land must also ensure their properties are safe and comply with necessary regulations in order to ensure no harm comes to their visitors, contractors or other members of the
Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property . However, if the occupier or landlord are not the creators of the nuisance but it has occurred on their property they may still be liable as they have failed to deal with the nuisance on time . In Page Motors Ltd v Epsom & Ewell Borough Council [1982] 80 LGR 337 the local council was liable for people continually …show more content…
A public nuisance is defined as "something which affects a reasonable class of Her Majesty’s citizens materially or in the reasonable comfort and convenience of life” . However, a claim can only be brought for public nuisance if an individual or individuals have suffered from the nuisance more than is caused to the class .
In the last century several statutes have been brought forward which would protect a landowner and their environment from nuisance such as the Environmental Protection Act 1990 and Environment Act …show more content…
Owners can suffer negligence in different ways, such as accepting false information from surveyors when purchasing investment properties. However, it must be noted that the surveyor does not have a duty to provide the owner with advice whether or not to purchase an investment but they do have a duty to provide correct values which as described in a recent case ,Scullion v Bank of Scotland that the valuers did not comply with. The owners of land must also ensure their properties are safe and comply with necessary regulations in order to ensure no harm comes to their visitors, contractors or other members of the