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Understanding Public and Private Nuisance Torts

The document discusses the legal definition and types of nuisance torts. It defines nuisance as unlawful interference with a person's use of land. There are two types: public nuisance, which interferes with public rights, and private nuisance, which interferes with an individual's use and enjoyment of land. For a private nuisance claim, a plaintiff must prove they have rights to the land, the defendant interfered with the plaintiff's use/enjoyment of the property, and the interference was substantial. Examples of private nuisances include damage to property from smoke or noise, and physical discomfort from excessively loud noises.

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288 views2 pages

Understanding Public and Private Nuisance Torts

The document discusses the legal definition and types of nuisance torts. It defines nuisance as unlawful interference with a person's use of land. There are two types: public nuisance, which interferes with public rights, and private nuisance, which interferes with an individual's use and enjoyment of land. For a private nuisance claim, a plaintiff must prove they have rights to the land, the defendant interfered with the plaintiff's use/enjoyment of the property, and the interference was substantial. Examples of private nuisances include damage to property from smoke or noise, and physical discomfort from excessively loud noises.

Uploaded by

Einah Einah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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The word nuisance has been derived from the French word ‘nuire’ which means,

to hurt or to annoy. Ordinarily, nuisance means disturbances. According to


Winfield, nuisance is incapable of exact definition. But for the purpose of the law
of tort, it may be described as unlawful interference with a person’s use or
enjoyment of land or of some right over, or in connection with it. Learn Nuisance
Tort here.

Kinds of Nuisance
1.  Public Nuisance Tort
2. Private Nuisance Tort
Public Nuisance

A public nuisance is an unreasonable, unwarranted, or unlawful interference with a


right common to the general public. Simply speaking, 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.

Thus acts which seriously interfere with the health, safety, comfort or convenience
of the public generally or which tend to degrade public morals have always been
considered a public nuisance.
Examples can be obstructing a public way by digging a trench. Carrying on trade
which causes an offensive smell.

Essentials of Public Nuisance

A person must have done an act or an illegal omission. Such an act or omission
must cause any common injury, danger or annoyance to the public or to the people
in general who dwell or occupy the property in the vicinity.

Private Nuisance

A nuisance interferes with the right of a specific person or entity, it is considered a


private nuisance. Unlike public nuisance, a private nuisance is an act affecting
some particular individual or individuals as distinguished from the public at large.
The remedy in an action for private nuisance is a civil action for damages or an
injunction or both and not an indictment.
The Elements of a Private Nuisance Lawsuit

Property owners have a right to the enjoyment and use of their land. In the event
where another party interferes with that right.
For e.g. a neighbor regularly plays his music at the maximum volume possible late
at night.

In such a case, the property owner can sue the interfering party. Talking to your
neighbor about the nuisance is usually the best 1st step, since they may not fully
aware of the effects of their actions. While states may differ on their definition of a
private nuisance, a plaintiff must typically prove the following elements:

1. The plaintiff is the owner of the land or has the right to possess it
2. The defendant literally acted in a way that interferes with the plaintiff’s
enjoyment and use of his or her property
3. The defendant’s interference was substantial and uncooperative.
Kinds of Private Nuisance
1. Damage to property
2. Physical discomfort
Damage to Property

In case of damage to property, any sensible injury will be sufficient to support an


action. Nuisances of this class may arise from manufacturing works, chains, etc.
E.g. smoke, fumes, gas, noise, water, filth, trees or animals.

Physical Discomfort

In the case of physical discomfort, the act complained of must be in excess of the
natural and ordinary course of enjoyment of the property materially interfering
with the ordinary comforts of human existence.
Eg. Carrying any trade causing nuisance, obstruction of light, etc

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