Private Nuisance vs Public Nuisance

Q1 Best Answer: D

Private nuisance protects a person’s use and enjoyment of land. Noise, dust, and vibrations from building works can amount to a nuisance if the interference is unreasonable. The court will consider factors such as the duration and intensity of the interference, the character of the locality, and whether the defendant’s use of the land is reasonable in all the circumstances. The fact that building works are temporary does not automatically prevent liability.

Why the Other Answers Are Wrong

A is wrong. Private nuisance is not based on negligence. A claimant does not need to prove that the defendant acted negligently or breached planning regulations. The key question is whether there has been an unreasonable interference with the claimant’s use and enjoyment of land.

B is wrong. Physical damage is not required. Interference with comfort and convenience, such as excessive noise, dust, smells, or vibrations, may be sufficient to establish a claim in private nuisance.

C is wrong. Although the temporary nature of building works is a relevant factor, temporary activities can still amount to a nuisance if the interference is sufficiently serious or prolonged.

E is wrong. Public nuisance concerns interference with rights enjoyed by the public at large, such as the use of a highway. The facts primarily concern interference with neighbouring landowners’ enjoyment of their own properties, making private nuisance the more appropriate cause of action.