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Nuisance is derived from nuire which is a French word and means “to do hurt” or “to annoy”. Nuisance is an offence under the English common law and is seen as a part of tort law. Nuisance is a direct result of the law recognising the right of a person for unlimited enjoyment of his land within the ambit of law. Nuisance is anything done to annoyance or the hurt of lands, hereditaments or tenements of another which does not amount to trespass. It is the unwarranted, unreasonable or unlawful use of ones property in a manner which substantially interferes with the use of or enjoyment of another individual’s property without actually physically interfering or entering it. Blackstone described nocum entum(nuisance) as “worketh hurt, inconvenience or damage”
Nuisance based on the people such an act or interference effects is divided into two. When a nuisance is caused to a large number of people seen to be a nuisance to the public at large, it is seen as public nuisance and when the effects of an act of nuisance is limited to an individual or a group, it is called private nuisance.
Public nuisance is an act, omission or interference which causes any injury, annoyance or danger to the public at large or people in general who live or own property in the vicinity or suffer direct injury as a result of the act. A public nuisance covers a wide range or minor crimes or offences that threaten safety, comfort, health, morals or welfare of a community. Public nuisance which is an offence against an economical regime of state or public order, affect all equally and therefore for such an offence, there can be only one indictment, this is in order to prevent a person from receiving millions of suits for one act.
Private nuisance is a civil wrong and it is directly using or explicitly authorising the use of one’s property so as to adversely affect an owner of property by physically injuring his property or by materially interfering with his comfort, health or convenience.
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26 Comments. Leave new
Nice
Nicely written ! 🙂
Well said. Nice article!
Well written. It could have been even better if this could have been answered too, can all protests be included as a public nuisance too even though we do have a right to expression? How can the fine line between the two i.e. nuisance and public’s right to expression be maintained?
No all protests can not be seen in or under the ambit of nuisance. By protesting, we only exercise our right and we are within our rights to express until we do not in the process hurt any one else’s enjoyment of his lawful rights.
Any tort(wrong) can only occur when a person has suffered a legal injury as a consequence of the act, if we protest without causing legal injury to anyone or obstructing a persons lawful enjoyment of land,then it is not nuisance .
Nicely written
good work
Interesting:);)
very well written !
I have the same question as Ria Kalra.
And one more question, is private nuisance considered by the Indian law?
On the whole, nice topic to write on.
No all protests can not be seen in or under the ambit of nuisance. By protesting, we only exercise our right and we are within our rights to express until we do not in the process hurt any one else’s enjoyment of his lawful rights.
Any tort(wrong) can only occur when a person has suffered a legal injury as a consequence of the act, if we protest without causing legal injury to anyone or obstructing a persons lawful enjoyment of land,then it is not nuisance and yes private nuisance is considered by the Indian law
Well written
Good work
From childhood we are given training, not to create nuisance. I think it is well explained in this article.
Good effort..!
Nice! Good efforts!
very nice article!
Interesting!
Explained nicely!!
Fresh and interesting topic!Good work!
Good effort!
Hey your article is very NYC and I really like the way you answer the questions of the readers through comments….. It means you really knows about the topic
nice work!!
Very Well Written 😀
Well written
Well articulated!