Ratio Decidendi
What amounts to a nuisance depends on the character of the locality. The standard is that of the reasonable user of land in that particular neighbourhood. A prescriptive right to commit a nuisance cannot be acquired until the activity actually becomes actionable.
Facts
A confectioner had used heavy mortars and pestles in his premises for over 20 years. A doctor built a consulting room at the end of his garden, adjacent to the confectioner's premises. The noise and vibration disturbed the doctor's practice. The confectioner argued he had acquired a prescriptive right through long use.
Judgment Summary
The Court of Appeal held in favour of the doctor. The nuisance only became actionable when the consulting room was built, so no prescriptive right had been acquired. The character of the neighbourhood was relevant to determining whether the interference was unreasonable.
Key Quotes
"What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey."
— Thesiger LJ
Subsequent Treatment
Classic authority on the locality principle in nuisance. Applied in Coventry v Lawrence [2014].