p. 40013. Nuisance
- Simon DeakinSimon DeakinProfessor of Law and a Fellow of Peterhouse, University of Cambridge
- , and Zoe AdamsZoe AdamsJunior Research Fellow, King's College, University of Cambridge, King's College, University of Cambridge
Abstract
Private nuisance is defined as any substantial and unreasonable interference with the claimant’s land, or with his rights to peaceful enjoyment of that land and any right that exists in connection with it. It need not result from ‘direct’ or ‘intentional’ interference; it is sufficient that the defendant have ‘adopted or continued’ a state of affairs that constitutes an unreasonable interference. This chapter discusses the basis of liability in private nuisance; the concept of unreasonable interference and the difference between this concept and the notion of ‘reasonableness’ in negligence; who can sue and who can be sued; defences; and remedies. It also discusses, in outline, public nuisance; the relationship between nuisance and other forms of liability; and nuisance and protection of the environment.
