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When knotweed is a nuisance

Giles Bayliss

Private nuisance explained

Private nuisance is a distinct area of tort law concerned with the protection of rights over land. It remains important, as it covers potential claims that may not be recoverable in negligence or other areas of tort law

This article is relevant to AQA A-level Paper 3 (tort law) and OCR A-level Unit 2 (law of tort).

Salmond and Heuston (in On the Law of Torts) define private nuisance as ‘indirectly and unreasonably causing either physical damage to land or substantial interference with the claimant’s use and enjoyment of that land’. Most students tend to use a more simple definition: ‘the unlawful/unreasonable interference with a person’s use or enjoyment of land’. This omits reference to physical damage, so it is worth emphasising that claims in private nuisance can also include indirect damage to land.

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When knotweed is a nuisance

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