Nuisance: Neighbourhood watch

David Schmitz considers how the principles in Coventry v Lawrence on nuisance and the character of the area might best be applied ‘The confusion in this case is also the result of Lord Neuberger’s unelaborated suggestion that an iterative process be used.’ Among the many questions tackled by the Supreme Court in Coventry v Lawrence …
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Nuisance: Neighbourhood watch

David Schmitz considers how to approach nuisance cases where the character of an area has changed ‘It must be remembered that the principal question, nuisance or no nuisance, will not be determined solely by whether the activity in question is in keeping with the character of the locality or not.’ In Coventry v Lawrence [2014], …
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Easements By Prescription: Just what the doctrine ordered

European Urban St Pancras 2 Ltd v Glynn confirms that a right to park cars on land can be a legal easement. Nikolas Ireland examines the case. ‘The facts of this case illustrate how important it is for purchasers to inspect fully the land they are buying and raise all necessary enquiries to establish there …
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Nuisance: Locality is key

Helena Davies considers the law of private nuisance, focusing on a few key concepts that have been assessed in detail in recent Court of Appeal decisions ‘It is not the way a defendant has undertaken his activity that is being tested for reasonableness, but rather the user of the land itself.’ The central concept discussed …
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Nuisance: Influence of planning permissions

Jamie Kidd reviews Coventry v Lawrence and its implications for those affected by noise nuisance ‘It is a question of fact in every case whether the grant of planning permission followed by steps to implement such permission do have the effect of changing the character of the locality.’ Every person is entitled to the comfortable …
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