Nuisance under Law of Torts: Elements, Kinds, Remedies, and Defences
Nuisance under the Law of Torts
What is Nuisance?
Nuisance is a civil wrong (tort) involving an act that unlawfully interferes with another person’s use or enjoyment of land or some right over it. It’s a wrongful interference with the comfort, convenience, or health of a person living on or using their property.
The tort of nuisance protects an individual’s right to enjoy their property without unreasonable disturbance caused by others.
1. Elements of Nuisance
To establish a claim of nuisance, the plaintiff must prove the following essential elements:
a. Unreasonable Interference
There must be an interference that is unreasonable.
It may be by an act or omission.
b. Interference with Use or Enjoyment of Land
The interference affects the use or enjoyment of the land, such as noise, smell, smoke, vibrations, pollution, or obstruction.
c. Continuity or Recurrence
Nuisance usually involves a continuing or recurrent interference, not a one-time event.
d. Proximity or Directness
The nuisance must be caused by the defendant’s use of their land and must affect the plaintiff’s land or rights.
e. Damage or Harm
The plaintiff must suffer some actual damage or inconvenience.
2. Kinds of Nuisance
There are two broad categories of nuisance:
a. Public Nuisance
An act or omission that endangers the public or a section of the public.
Affects a community or neighborhood at large.
Example: Blocking a public road, pollution affecting many people.
Key points:
Usually actionable by the government or public authorities.
Private individuals can sue only if they suffer special damage beyond that suffered by the public.
b. Private Nuisance
An interference with a person’s private use or enjoyment of their land.
Actionable by individuals whose property is affected.
3. Types of Private Nuisance
Physical Nuisance: Direct physical injury to land or property (e.g., flooding, vibrations causing cracks).
Sensory Nuisance: Nuisance affecting the senses such as noise, smell, smoke, dust, light.
Statutory Nuisance: Nuisance defined by statute and actionable under statutory provisions.
4. Remedies for Nuisance
The following remedies are available for nuisance:
a. Injunction
Court order restraining the defendant from continuing the nuisance.
Often the primary remedy to prevent ongoing harm.
b. Damages
Monetary compensation for the harm caused by the nuisance.
Awarded if the nuisance has caused measurable damage.
c. Abatement
Self-help remedy allowing the plaintiff to remove or stop the nuisance themselves.
Limited and must be reasonable.
5. Defences to Nuisance
a. Prescription
If the nuisance has existed for a long period (usually 20 years) without complaint, it may become lawful by prescription.
b. Statutory Authority
If the nuisance is caused under the authority of a valid statute or government permission.
c. Contributory Negligence
If the plaintiff has contributed to the nuisance or failed to take reasonable steps to mitigate damage.
d. Coming to the Nuisance
If the plaintiff knowingly moved to a place where the nuisance already existed (sometimes a partial defence but not absolute).
Important Case Laws on Nuisance
1. St. Helen’s Smelting Co. v. Tipping (1865)
The court held that physical damage to property caused by pollution (smoke, fumes) is actionable nuisance.
Established the principle that actual damage to land makes it a nuisance regardless of locality.
2. Rylands v. Fletcher (1868)
Though primarily a case on strict liability, it is related to nuisance in terms of damage caused by escape of dangerous substances.
Defendant liable for damage caused by hazardous things escaping from their land.
3. Hunter v. Canary Wharf Ltd. (1997)
The court held that interference must affect the land itself or proprietary rights, not just personal discomfort.
TV signal interference caused by construction was not actionable nuisance.
4. Miller v. Jackson (1977)
Cricket balls flying into a neighboring garden were held to be a nuisance.
The court balanced the public interest (recreational cricket) against private nuisance.
5. Bolton v. Stone (1951)
A cricket ball hit out of a cricket ground was held not to be nuisance due to the rare chance of occurrence.
Established the standard of reasonable foreseeability in nuisance.
Summary Table
| Aspect | Description |
|---|---|
| Definition | Unreasonable interference with use/enjoyment of land. |
| Elements | Unreasonable interference, damage, proximity, continuity. |
| Kinds | Public nuisance, Private nuisance (physical, sensory). |
| Remedies | Injunction, damages, abatement. |
| Defences | Prescription, statutory authority, contributory negligence, coming to nuisance. |
| Key Cases | St. Helen’s Smelting, Rylands v. Fletcher, Hunter v. Canary Whar |
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