The defendant had failed to remove travellers who had encamped on its land and caused nuisances against neighbouring farmers.
Held: The court refused to strike out a claim in nuisance by neighbouring land owners. It was arguable that a land owner can be liable for repeated acts constituting nuisance committed from its land by those it knew were in occupation, and where no steps were taken to evict them. It was its own land from which a continuing nuisance emanated.
Judges:
Evans, Mummery LJJ, Sir Christopher Staughton
Citations:
Times 09-Apr-1999, Gazette 14-Apr-1999, [1999] EWCA Civ 1151, [2000] QB 51, [1999] 4 All ER 149, (1999) 1 LGLR 865, [1999] 3 WLR 137, (1999) 31 HLR 1114, [1999] BLGR 562
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Page Motors v Epsom Borough Council CA 9-Jul-1981
The plaintiffs were lessees of land neighbouring that of the Council. Over several years the council’s land had been occupied by gypsies who, it was said had damaged the plaintiff’s business. Though the Council had obtained a possession order in . .
Cited – Attorney-General v Corke ChD 1933
The defendant whose land had been occupied by caravan dwellers for profit was liable in public nuisance and under the rule in Rylands v Fletcher and was restrained by injunction. Offending acts had been committed by the caravan dwellers, who were . .
Cited by:
Cited – Mowan v London Borough of Wandsworth and Another CA 21-Dec-2000
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who . .
Cited – Lawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 30 May 2022; Ref: scu.146066