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Interference

The claimant must first show that the defendant's actions have caused an interference with their use or enjoyment of the land. These interferences are indirect, and almost always the result of continuing events rather than a one-off incident. This interference may be a physical invasion of the land, such as in Davey v Harrow Corporation, noise, as in Christie v Davey, or smells, such as in Wheeler v J J Saunders. The courts have allowed cases where the interference causes emotional distress, as in Thompson-Schwab v Costaki, but have been loath to protect recreational facilities or "things of delight"; things such as the blocking of a pleasant view or a television signal are not considered a nuisance. The latter was discussed in Hunter v Canary Wharf Ltd, where the claimants argued that the blocking of their television signal by the construction of the skyscraper at One Canada Square was a nuisance. The House of Lords rejected this argument. There are rights to land known as servitudes, such as the right to light through windows or the right of support. An occupier can also be liable for an interference that is naturally arising, assuming they are aware of the interference's existence and fail to take reasonable precautions, as in Leakey v National Trust, which established that in such situations "the standard ought to be to require of the occupier what is reasonable to expect of him in his individual circumstances". This principle was extended in Holbeck Hall Hotel v Scarborough Borough Council, where the Court of Appeal said that if a landowner knows or ought to know that their property may cease to support another's, they are required to take reasonable precautions or they will be liable.