References: , [1838] EngR 346, (1838) 4 Bing NC 183, (1838) 132 ER 758
Links: Commonlii
Coram: Tindal CJ
To an action of nuisance for carrying on the business of a tallow chandler, in a messuage adjoining the messuage of the Plaintiff, it is no plea that the Defendant was possessed of his messuage, and the business was carried on, before the Plaintiff became possessed of and occupied the adjoining messuage. However, a right to emit ‘noxious vapours and smells’ might be acquired by prescription
This case is cited by:
- Cited – Coventry and Others -v- Lawrence and Another SC (Bailii, [2014] UKSC 13, [2014] 2 P &CR 2, [2014] 2 All ER 622, [2014] BLR 271, [2014] HLR 21, [2014] Env LR 25, [2014] 1 AC 822, 152 Con LR 1, [2014] 2 WLR 433, [2014] PTSR 384, Bailii Summary, UKSC 2012/0076, SC Summary, SC)
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .