Nuisance
Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to
hurt") is a common law tort. It means that which causes offence, annoyance, trouble or
injury. A nuisance can be either public (also "common") or private. A public
nuisance was defined by English scholar Sir J. F. Stephen as,
"an act not warranted by law, or an omission to discharge a legal duty, which act or
omission obstructs or causes inconvenience or damage to the public in the exercise of
rights common to all Her Majesty's subjects".[1]
Private nuisance is the interference with the right of specific people. Nuisance is one of
the oldest causes of action known to the common law, with cases framed in nuisance
going back almost to the beginning of recorded case law. Nuisance signifies that the
"right of quiet enjoyment" is being disrupted to such a degree that a tort is being
committed.
Contents
1Definition
2History and legal development
3Remedies
o 3.1Inspector of Nuisances
4Law related to nuisance, by country
o 4.1England
o 4.2United States
5Environmental nuisance
6From Britannica 1911
7See also
8References
9External links
Definition[edit]
Under the common law, persons in possession of real property (land owners, lease
holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't
include visitors or those who aren't considered to have an interest in the land. If a
neighbour interferes with that quiet enjoyment, either by creating smells,
sounds, pollution or any other hazard that extends past the boundaries of the property,
the affected party may make a claim in nuisance.
Legally, the term nuisance is traditionally used in three ways:
1. to describe an activity or condition that is harmful or annoying to others (e.g., indecent
conduct, a rubbish heap or a smoking chimney)
2. to describe the harm caused by the before-mentioned activity or condition (e.g., loud
noises or objectionable odors)
3. to describe a legal liability that arises from the combination of the two.[2] However, the
"interference" was not the result of a neighbor stealing land or trespassing on the land.
Instead, it arose from activities taking place on another person's land that affected the
enjoyment of that land.[3]
The law of nuisance was created to stop such bothersome activities or conduct when
they unreasonably interfered either with the rights of other private landowners (i.e.,
private nuisance) or with the rights of the general public (i.e., public nuisance)
A public nuisance is an unreasonable interference with the public's right to property. It
includes conduct that interferes with public health, safety, peace or convenience. The
unreasonableness may be evidenced by statute, or by the nature of the act, including
how long, and how bad, the effects of the activity may be.[4]
Private nuisance arose out of the action on the case and protects a person’s right to the
use and enjoyment of their land.[5] It doesn't include trespass.[6]
To be a nuisance, the level of interference must rise above the merely aesthetic. For
example: if your neighbour paints their house purple, it may offend you; however, it
doesn't rise to the level of nuisance. In most cases, normal uses of a property that can
constitute quiet enjoyment cannot be restrained in nuisance either. For example, the
sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of
property and does not constitute a nuisance.[citation needed]Nuisance distinguishes between
cases where the conduct alleged to be a nuisance has caused material injury to
property and the cases where it has caused “sensible personal discomfort”.[7]
Any affected property owner has standing to sue for a private nuisance. If a nuisance is
widespread enough, but yet has a public purpose, it is often treated at law as a public
nuisance. Owners of interests in real property (whether owners, lessors, or holders of
an easement or other interest) have standing only to bring private nuisance suits.
According to Oldham v Lawson[8] (where held that the husband has a mere licence and
had no title to sue whereas his wife as owner did have title to sue) and some later
cases, exclusive possession is necessary to establish a private nuisance case.
However, one situation related to transform a private nuisance against land to one
against person, this case is no longer considered to be authoritative.[9]
History and legal development[edit]
In the late 19th and early 20th centuries, the law of nuisance became difficult to
administer, as competing property uses often posed a nuisance to each other, and the
cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now
have a system of land use planning (e.g. zoning) that describes what activities are
acceptable in a given location. Zoning generally overrules nuisance. For example: if a
factory is operating in an industrial zone, neighbours in the neighbouring residential
zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave
land use to be determined by the laws concerning nuisance.
Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to
modern complex societies, in that a person's use of his property may harmfully affect
another's property, or person, far from the nuisance activity, and from causes not easily
integrated into historic understandings of nuisance law.
