Nuisance by Vivek jamwal@ LEXCLIQ

Nuisance: A Tort

The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. One in possession of a property is entitled as per law to undisturbed enjoyment of it. If someone else’s improper use in his property results into an unlawful interference with his use or enjoyment of that property or of some right over, or in connection with it, we may say that tort of nuisance occurred. In other words, Nuisance is an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it. Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.
DISTNCTION BETWEEN NUISANCE AND TRESSPASS
· Trespass is direct physical interference with the plaintiff’s possession of land through some material or tangible object while nuisance is an injury to some right accessory to possession but no possession itself.

E.g. a right of way or light is an incorporeal right over property not amounting to possession of it, and hence disturbance of it is a nuisance and not trespass.

· Trespass is actionable per se, while nuisance is actionable only on proof of actual damage. It means trespass and nuisance are mutually exclusive.
ESSENTIALS OF NUISANCE
In order that nuisance is actionable tort, it is essential that there should exist:
· wrongful acts;
· damage or loss or inconvenience or annoyance caused to another. Inconvenience or discomfort to be considered must be more than mere delicacy or fastidious and more than producing sensitive personal discomfort or annoyance. Such annoyance or discomfort or inconvenience must be such which the law considers as substantial or material.
Types of nuisance
1. Public nuisance
2. Private nuisance
1. Public nuisance
A public nuisance is an act affecting the public at large, or some considerable portion of it, and it must interfere with rights, which members of the community might otherwise enjoy. Acts which seriously interfere with the health, safety, comfort and convenience of public generally, or which tend to degrade public morals have always been considered a public nuisance.
Example: carrying on trades which cause offensive smells, or intolerable noises, keeping inflammable substance gunpowder in large quantities, drawing water in a can from a filthy source.
2. Private nuisance
Private nuisance in contrast to public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large.

 

Elements of Private Nuisance
Private nuisance is an unlawful interference and/or annoyance which cause damages to an occupier or owner of land in respect of his enjoyment of the land.

Thus the elements of private nuisance are:
1. unreasonable or unlawful interference;
2. such interference is with the use or enjoyment of land, or some right over, or in connection with the land; and
3. damage.

Thank you

Vivek jamwal

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