Categories of Nuisances: Physical damage to land Must not be trivial Plaintiff’s damage must not be a result of unusual use (e.g. keeping a supply of very delicate paper) Unless defendant knew it in advance If first two conditions are met, strict liability Interference with comfort and enjoyment of land Property owners are expected to put up with some amount of interference, defendant’s interference must be unreasonable to be actionable Court tries to balance rights of various property users Court looks at several factors, not definitive/exhaustive: Character of the neighbourhood Intensity of the interference Duration of the interference Time of day and day of the week Zoning designation Utility of the defendant’s conduct Nature of the defendant’s conduct The sensitivity of the plaintiff Non-intrusive nuisances Non-intrusive nuisances don’t cause smells, sounds, or objects to go onto the plaintiff’s property Usually the does not allow claims for non-intrusive nuisance E.g. blocking someone’s sunlight or view Exceptions are often made when defendant’s conduct is malicious, negligent, or illegal Who can be sued in private nuisance? Always: the creator of the nuisance Usually this is the landowner Sometimes this is someone who commits the tort on another person’s land or on public property Sometimes: the landowner who did not create the nuisance If they were negligent in preventing it Who can sue in private nuisance? Must have a proprietary interest in the land This is a tort to land, not to the person Can be trial, tenant, or occasionally a permanent occupant What are the defences to private nuisance? Statutory authority Limited protection, just because it’s legal doesn’t make it okay Statutory immunity Government passes statute to protect a particular activity Consent
Categories of Nuisances: Physical damage to land Must not be trivial Plaintiff’s damage must not be a result of unusual use (e.g. keeping a supply of very delicate paper) Unless defendant knew it in advance If first two conditions are met, strict liability Interference with comfort and enjoyment of land Property owners are expected to put up with some amount of interference, defendant’s interference must be unreasonable to be actionable Court tries to balance rights of various property users Court looks at several factors, not definitive/exhaustive: Character of the neighbourhood Intensity of the interference Duration of the interference Time of day and day of the week Zoning designation Utility of the defendant’s conduct Nature of the defendant’s conduct The sensitivity of the plaintiff Non-intrusive nuisances Non-intrusive nuisances don’t cause smells, sounds, or objects to go onto the plaintiff’s property Usually the does not allow claims for non-intrusive nuisance E.g. blocking someone’s sunlight or view Exceptions are often made when defendant’s conduct is malicious, negligent, or illegal Who can be sued in private nuisance? Always: the creator of the nuisance Usually this is the landowner Sometimes this is someone who commits the tort on another person’s land or on public property Sometimes: the landowner who did not create the nuisance If they were negligent in preventing it Who can sue in private nuisance? Must have a proprietary interest in the land This is a tort to land, not to the person Can be tenant, or occasionally a permanent occupant What are the defences to private nuisance? Statutory authority Limited protection, just because it’s legal doesn’t make it okay Statutory immunity Government passes statute to protect a particular activity Consent trial,