The Mudcat Café TM
Thread #132613   Message #3003035
Posted By: Richard Bridge
09-Oct-10 - 02:15 AM
Thread Name: Travelodge trying to close music venue (UK)
Subject: RE: Travelodge trying to close music venue (UK)
http://www.lawteacher.net/tort-law/lecture-notes/nuisance-lecture.php


I should clarify one point about Sturges -v- Bridgman. The defence of prescription failed because the nuisance began only on the commencement of the use of the new consulting room.

So if writers above are correct that residents of Stainer Street were NOT disturbed until recently then there has been no prescription. Further, the nuisance insofar as affecting the land on which the Travelodge is built will only have become prescribed if for over 20 years there have been persons with an interest in that land who have been disturbed by the nuisance constituted by the Brown Jug.

The repeated statement above that incomers to a nuisance cannot complain of it is simply wrong.