Beever on “The Law of Private Nuisance”
The Law of Private Nuisance By Allan Beever
“It is said that a nuisance is aninterference with the use and enjoyment of land. This definition is typicallyunhelpful. While a nuisance must fit this account, it is plain that not allsuch interferences are legal nuisances. Thus, analysis of this area of the lawbegins with a definition far too broad for its subject matter, forcing theanalyst to find more or less arbitrary ways of cutting back on potentialliability. Tort law is plagued by this kind of approach.
In the law of nuisance, today’spreferred method of cutting back is to employ the notion of reasonableness. Noone seems to know quite what ‘reasonableness’ means in this context, however.This is because, in fact, it does not mean anything. The notion is no more thanthe immediately recognisable symptom of our inadequate comprehension of thelaw.
This book expounds a new understandingof the law of nuisance, an understanding that presents the law in a coherentand systematic fashion. It advances a single, central suggestion: that the lawof nuisance is the method that the common law utilises for prioritisingproperty rights so that conflicts between uses of property can be resolved.”
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Sept 2013 180pp Hbk 9781849465069 RSP: £35 / €45.50
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