Defences to Private Nuisance (AQA A-Level Law): Flashcards

Ordinary use of land defence principle

Normal everyday use of property doesn't amount to actionable nuisance

Southwark v Mills (2001) held

Normal daily living sounds (talking, snoring, footsteps) not nuisance

Statutory authority as defence

Complete defence if acting under Parliamentary powers authorisation

Statutory authority: 2 elements defendant must prove

1. Acting under specific statutory power 2) Didn't exceed authority

Does planning permission authorise nuisance?

No, but may change locality character affecting reasonableness

Act of God defence definition

Extraordinary natural event, no human cause, unforeseeable/preventable

Goldman v Hargrave duty

Must take reasonable steps to remedy nuisance once aware of it

Prescription defence: time period needed

20 years or more of continuous nuisance with claimant's knowledge

Sturges v Bridgman: when 20-year period starts

Only when claimant becomes aware of/affected by the nuisance

Act of God defence limitation

Only covers initial event; must remedy once aware, not ongoing inaction