Abstract

This article considers the question of whether a landowner should be responsible for nuisance behaviour which is committed by other people from his land. Recent years have seen a number of cases being brought, particularly against local authority landlords, as victims of nuisance try to get someone to do something about the problem. The case law is somewhat mixed on this and the courts have shown a readiness to apply the approach followed in the more traditional nuisance cases involving pollution and physical damage to respond to the problem. This response fails to take account of the fact that the nuisance creators are autonomous persons and does not explain why the responsibility for controlling them should be thrust on the landowner. In place of this it is argued that a landowner should be accountable only if he has authorized the bad behaviour or if he owes a duty to protect the victim from harm