Nuisance Problem Answer.

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NUISANCE PROBLEM ANSWER

        In advising                 it is necessary to consider the law relating to

nuisance. A nuisance may be classified as private, public and/or statutory. It

would appear that                 would be relevant here. Looking first at private

nuisance. This is defined by professor Winfield as “unlawful interference with a

person’s use or enjoyment of land, or some right over, or in connection with it”.

        The first issue to consider is whether or not the interference with             ‘s

enjoyment of land is unlawful. Not all interference’s will constitute a nuisance. The

interference will only be unlawful if it is unreasonable. In this respect the law of

nuisance allows for give and take, “a balance has to be maintained between the

right of the occupier to do what he likes with his own land, and the right of his

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neighbour not to be interfered with”.

        Reasonableness in nuisance is different to the reasonableness in

negligence. In negligence the unreasonableness of the defendant is the central

issue. However, in nuisance the central issue is whether the degree of

interference with the plaintiff’s property rights is sufficiently great to call for legal

intervention.

        In considering whether the interference is unreasonable the courts will

take in to account various factors, including the nature of the locality in which the

activity is carried on, the sensitivity of the plaintiff and the motive and malice ...

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