Public and Private Nuisance - Essay Example

The interference with use or enjoyment of land of claimant takes place through various ways, which includes the adverse effect on neighbors sleep through vibrations and noises (Halsey v Esso Petroleum) and encroachment of roots (Solloway v. Hampshire CC). The reasonableness of act is considered when determining on the possibility of a nuisance, so an action for nuisance may fail if found of reasonable use to the community and is of a temporary nature(Harrison v. Southwark). Reasonableness is dependent on a variety of factors which include the duration of interference, a sensitivity of the plaintiff, the character of the neighborhood, and the defendant's fault.

Further, the character of the neighborhood may be a vital factor in the case of interference with enjoyment or use. (Sturges v. Bridgman) However, it is not important when physical damage to property is sustained. (St. Helens)Finally, the fault on the part of the claimant can be found to be strict in the certain situation while fault based on others. If it is found that the claimant continued the nuisance for example by annoying his neighbor through noises which are intolerable, then an injunction would be granted.

(Christie v Davey)The traditional view has been to create a distinction between the creator of the nuisance (with strict liability) and one who carried on or adopted the nuisance (which is decided on the ground that whether the defendant knew or ought to have known of the nuisance). By the case law, it has been seen that the courts have ignored sensitivity issues when there is a strong possibility of malice. (Hollywood Fox v. Emmett). The traditional position had been that only those having a legal interest could bring an action.

However, trespassers have been included. (Pemberton v. Southwark) The decision of the House of Lords in Hunter v. Canary Wharf is of significance because it scrupulously analyzed the previous cases, upholding the traditional view. Lord Cooke argued that the right to sue could either be confined to those having an interest in the land or to those who live there; it entirely depended on the policy of the law.