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Nuisance (Private)

Rylands v Fletcher Rule

Nuisance (Private), Right to Sue in
Last updated: 06-Oct-2014

Per Lord Goff of Chieveley in Hunter and others v Canary Wharf Ltd; Hunter and others v London Docklands Development Corp [1997] 2 All ER 426 at p.438:

It follows that, on the authorities as they stand, an action in private nuisance will only lie at the suit of a person who has a right to the land affected. Ordinarily, such a person can only sue if he has the right to exclusive possession of the land, such as a freeholder or tenant in possession, or even a licensee with exclusive possession. Exceptionally however, as Foster v Warblington UDC [1906] 1 KB 648 shows, this category may include a person in actual possession who has no right to be there; and in any event a reversioner can sue in so far his reversionary interest is affected. But a mere licensee on the land has no right to sue.

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