An Assignment on Nuisance

Introduction:

A person in possession
of a property is entitled
to its undisturbed
enjoyment as per
law. However, if
someone else’s improper
use or enjoyment in his
property ends up
resulting into an
unlawful interference
with his enjoyment or
use of that property or of
some of the rights over
it, or in connection with
it, we can say that the
tort of nuisance
has occurred.
The word “nuisance”
has been derived from
the Old French word
“nuire” which
means “to cause
harm, or to hurt, or
to annoy”. The Latin
word for nuisance is
“nocere” which means
“to cause harm”.
Nuisance is an injury
to the right of a
person’s possession of
his property to
undisturbed enjoyment
of it and results from an
improper usage by
another individual.
A person in possession
of a property is entitled
to its undisturbed
enjoyment as per
law. However, if
someone else’s improper
use or enjoyment in his
property ends up
resulting into an
unlawful interference
with his enjoyment or
use of that property or of
some of the rights over
it, or in connection with
it, we can say that the
tort of nuisance
has occurred.
The word “nuisance”
has been derived from
the Old French word
“nuire” which
means “to cause
harm, or to hurt, or
to annoy”. The Latin
word for nuisance is
“nocere” which means
“to cause harm”.
Nuisance is an injury
to the right of a
person’s possession of
his property to
undisturbed enjoyment
of it and results from an
improper usage by
another individual.
A person in possession
of a property is entitled
to its undisturbed
enjoyment as per
law. However, if
someone else’s improper
use or enjoyment in his
property ends up
resulting into an
unlawful interference
with his enjoyment or
use of that property or of
some of the rights over
it, or in connection with
it, we can say that the
tort of nuisance
has occurred.
The word “nuisance”
has been derived from
the Old French word
“nuire” which
means “to cause
harm, or to hurt, or
to annoy”. The Latin
word for nuisance is
“nocere” which means
“to cause harm”.
Nuisance is an injury
to the right of a
person’s possession of
his property to
undisturbed enjoyment
of it and results from an
improper usage by
another individual.
A person in possession
of a property is entitled
to its undisturbed
enjoyment as per
law. However, if
someone else’s improper
use or enjoyment in his
property ends up
resulting into an
unlawful interference
with his enjoyment or
use of that property or of
some of the rights over
it, or in connection with
it, we can say that the
tort of nuisance
has occurred.
The word “nuisance”
has been derived from
the Old French word
“nuire” which
means “to cause
harm, or to hurt, or
to annoy”. The Latin
word for nuisance is
“nocere” which means
“to cause harm”.
Nuisance is an injury
to the right of a
person’s possession of
his property to
undisturbed enjoyment
of it and results from an
improper usage by
another individual.
A person in possession
of a property is entitled
to its undisturbed
enjoyment as per
law. However, if
someone else’s improper
use or enjoyment in his
property ends up
resulting into an
unlawful interference
with his enjoyment or
use of that property or of
some of the rights over
it, or in connection with
it, we can say that the
tort of nuisance
has occurred.
The word “nuisance”
has been derived from
the Old French word
“nuire” which
means “to cause
harm, or to hurt, or
to annoy”. The Latin
word for nuisance is
“nocere” which means
“to cause harm”.
Nuisance is an injury
to the right of a
person’s possession of
his property to
undisturbed enjoyment
of it and results from an
improper usage by
another individual.
The Law of nuisance statutes can provide a starting point. Though many local governments
adopt these definitions, they often supplement them with their own wording. Local ordinances
also usually contain a list of specific activities or conditions that constitute a nuisance’s. In a
regulatory environment, the term “nuisance” embraces anything that results in an invasion of
one’s legal rights. A nuisance involves an unreasonable or unlawful use of property that results
in material annoyance, inconvenience, discomfort, or injury to another person or to the public.

Definition of Nuisance:

The word nuisance is derived from the French word nuire, which means to hurt or to annoy

Definitions by
Various thinkers
According to Stephen,
nuisance is anything
done to the hurt or
annoyance of the
tenements of another, or
of the lands, one which
doesn’t amount to
trespass.
According to Salmond,
nuisance consists in
causing or allowing to
cause without
lawful justification,
the escape of any
deleterious thing from
one’s land or from
anywhere into land in
possession of the
plaintiff, such as water,
smoke, gas, heat,
electricity, etc
Definitions by
Various thinkers
According to Stephen,
nuisance is anything
done to the hurt or
annoyance of the
tenements of another, or
of the lands, one which
doesn’t amount to
trespass.
According to Salmond,
nuisance consists in
causing or allowing to
cause without
lawful justification,
the escape of any
deleterious thing from
one’s land or from
anywhere into land in
possession of the
plaintiff, such as water,
smoke, gas, heat,
electricity, etc
Winfield: “Nuisance may be described as unlawful interference with a persons use or enjoyment
of land or of some right over or in connection with it.”.

Pollock: “Nuisance is the wrong done to a man by unlawfully disturbing him.

            1. in the enjoyment of his property or in some cases

            2. In the exercise of a common right.”

Two types of Nuisance:

            1. Public nuisance

            2. Private nuisance

1. Public nuisance: A public or common nuisance is unlawful act or omission which endanger
the lives, safety, health, Property or comfort of the public or by which the public are abstracted in
the exercise of some right which is common to all members of the community.

E.g.: obstruction of a highway; public inn etc.

2. Private nuisance: Private nuisance is an act which affects some particular individual or

individuals as distinguished from the public at large. It is an act which unlawfully interferes with
a person in the enjoyment of his own land or premises.
Different types of Private nuisance:

Two types:     i. Injury to property

                        ii. Injury to comfort

i) Injury to property: It includes a very wide class of wrongs. Any unauthorized interferences
with property or proprietary rights of another, causing damage is actionable as nuisance.

            Branch of a tree, Rights of light, water, air.

The right should be enjoyed

(i)  Peaceably,

(ii)  As an easement

(iii)  As of right,

(iv)  Openly expect in the case light and air,

(v)   Without interruption

Public- 60 years;

Private- 20 years

ii) Injury to comfort: The continual doing of something which interferes with another health or
comfort in the occupation of property is actionable nuisance.

Ringing of large bell; loud music; Shouting etc.

Differences between Public nuisance and Private nuisance:

1) Public and Private Damage: In public nuisance a group of people or commodity becomes
harmful but in case of private nuisance a particular person or person’s damage happens.

2) Civil and Criminal: Public nuisance though it creates tortuous liabilities but it often creates
criminal offence. Private nuisance is just only a tort.

3) Remedy: In case of public nuisance remedy is also punishment.

But in private nuisance: compensation, injunction or removal.

4) Prescription: Apart from prescription private nuisance may be legalized by the authority. But
public nuisance is never legalized on the ground of prescription.

Difference between public nuisance and private nuisance:

1. As to damage.

2. As to civil and criminal nature.

3. As to remedy.

4.  As to legalization on the ground of prescription.

5. As to initiative.

Condition of Actionable nuisance: (Essentials)

1) Actual damage

            a) Material injury to property

            b) Sensible personal discomfort in the beneficial use of property.

2) Reasonableness:

3) Malice

4) Interference

            a. Unlawful interference

            b. Title of the plaintiff

            c. Damage

            d. Malice

Self Defenses:

            1. Prescription

            2. Statutory authority

            3. Abatement

No defense:

            1. Coming to the nuisance

            2. Beneficial to the public

            3. Contributory

            4. Reasonable cause.

Liability of an occupier:

            1. Though he is not the owner.

            2. Occupier not liable- By taking reasonable steps- capacity and resources.

Benjamin vs. Store (1874) 9C.P. 400

Hares wagons kept outside the house of plaintiff for an unreasonable time. The access of custom
was abstracted. The house was darkened; the people in it were annoyed by bad smells. Held that
the damage was sufficiently particular, direct and substantial to entitle the plaintiff to maintain an
action.

Manchester Corporation V. Farnsworth (1930) Ac 171