- Developers built a building near the television tower for BBC.
- As a result, it negatively impacted the television reception of hundreds of nearby residents.
- Excessive amounts of dust was also created during the construction of the building.
- Does blocking a television reception constitute nuisance?
- Standing to sue on nuisance generally arises from something occurring on the defendant’s land.
- There are 3 types of nuisance; They are:
- (1) nuisance by encroachment on a neighbour’s land;
- (2) nuisance by direct physical injury to a neighbour’s land; and
- (3) nuisance by interference with a neighbour’s quiet enjoyment of his land
- The decision of Khorasandijan v Bush was accordingly wrongly determined in terms of who has standing to sue.
- However, the Court held that it was not actionable as a ‘right to television’ was not recognised.
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