INTRODUCTION
Nuisance is the violation of a man’s inborn right that his senses may not be injured. Every man has this right to enjoy the pleasure of life. If this right is infringed or obstructed, it will be called a nuisance.
ORIGIN OF NUISANCE
The word “Nuisance” is derived from the French word “nuire” and the Latin word “nocere which means, to do hurt or to annoy”.
DEFINITION OF NUISANCE
In the legal sense:
Nuisance is a condition or situation that interferes with the use or enjoyment of property.
According to Blackstone:
“Nuisance is something that worketh, hurt, inconvenient or damage.”
SCOPE OF NUISANCE
In order to constitute a nuisance, both the ingredients of the nuisance must be present.
- Injuria, i.e. the wrongful act
- Damnum, i.e. damage, actual or presumed
The term “nuisance includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or wrong to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property.
KINDS OF NUISANCE
A nuisance may be broadly divided into two categories;
A. Public nuisance
B. Private nuisance
A. PUBLIC NUISANCE:
DEFINITION:
“A public nuisance is one which inflicts damage, injury or inconvenience upon the public at large or upon all of the class who come within the sphere of the neighbourhood of its operation.”
According to section 268 P.P.C.
A person is guilty of public nuisance who does any act or is guilty of an illegal omission, which causes common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public night.
SCOPE:
Keeping a common gaming house or disorderly Inn, obstructing a highway or making it dangerous for traffic would come within the category of public nuisance.
CASE LAW: (Ware Vs Garston)
Facts: Where a motorcyclist at night ran into the back of a trailer which was attached to a stationary lorry standing on the road. The trailer and the lorry were unattended and no near light was shown.
Held: It was held that the lorry and trailer caused obstruction and therefore constituted an actionable nuisance.
EXPLANATION:
Public nuisance includes those acts which interfere with definite public rights, such as to use of a public thoroughfare. It also includes nuisance which endangers the health, safety or comfort of the public generally) such as noise or the escape of noxious vapours, gases, fumes or any deleterious thing affecting the health of the neighbourhood.
REMEDIES FOR PUBLIC NUISANCE:
1۔ Civil Remedy:
In England: The Attorney-General can sue in respect of a public nuisance.
In Pakistan: Section 91 of CPC provides for the right of action in the case of a public nuisance.
2۔ Criminal Remedy:
The procedure for the removal of a public nuisance is laid down in Sections 133 to 143 of the CrPC.
EXAMPLE:
The authority to make and work a railway passing is derived from the statute. The injuries due to noise and vibrations are the natural consequences of the running of the trains without any negligence unless it is shown that the noise and vibrations could have been avoided or lessened.
EXCEPTIONS:
No action will lie in respect of any damage which is the necessary result of the activities authorized by statute, unless;
- The authority is permissive
- The harm is avoidable and is due to negligence in doing the authorized act
- The authority conferred by the statute is not exercised bonafide
B. PRIVATE NUISANCE
DEFINITION:
Private Nuisance is defined as follows;
“A private nuisance is some unauthorized use of a man’s own property causing damage to the property of another or some unauthorized interference with the property or proprietary right of another, causing damage, but not amounting to trespass.”
SCOPE:
A private nuisance is one which does not cause damage or inconvenience to the public at large, but which does interfere with a person’s use or enjoyment of land or some night connected with land. (Private nuisance includes obstruction to light and air, wrongful escape of foul gas, or noise, water, filth, germs, etc.
CASE LAW:
St. Hellen Smelting Co. Vs Tipping
EXPLANATION:
The plaintiff was the owner of a house and park which adjoined the defendant’s gasworks. Immediately adjoining the defendant’s premises was a plantation of trees which had been planted by the plaintiff to screen off the gas works. One day, the fumes and smoke from the gas works were carried by the wind across the plantation and had injuriously affected the trees to such an extent that the tops of some of the trees were dying whilst others were dead. The plaintiff was entitled to an injunction restraining the defendants from carrying on their works so as to cause injury to the plaintiff’s property.
KINDS OF PRIVATE NUISANCE:
A private nuisance is of two kinds;
- Disturbance of incorporeal rights e.g. right of way, etc.
- Improper use of one’s own property resulting in physical injury to others e.g. noise caused by machines.
REMEDIES FOR PRIVATE NUISANCE:
The remedies available to a person for private nuisance are
1. Extra Judicial Remedy
To abate a nuisance is to remove or put an end to it. Abatement is self-help but out of the two ways of abating a nuisance the less harmful must be adopted.
Case Law: Colchester Vs. Brooke, 1845
Held: He must do no more injury than is necessary to enable him to exercise his right of passage. A private nuisance may be abated by anyone aggrieved.
2. Judicial Remedies:
The following are two judicial remedies:
Damages: The critical thing in nuisance is not the behaviour of the defendant, but the suffering of the plaintiff. Whether the defendant has injured his neighbour is therefore an important aspect to be considered. The plaintiff has to prove special damage. (Where a person is still continuing then according to a pecuniary aspect of the law, exemplary damages will be awarded.
Injunction: In order to obtain an injunction the injury complained of as existing or impending must be such as by reason of its seriousness or its permanent character or both, it cannot be compensated in money.
DEFENCES TO AN ACTION FOR NUISANCE:
The following are the defences available to the defendant;
1. Prescription:
Prescription is a special defence available in regard to nuisance. As a result of prescription one gets a right to continue a private nuisance and this right is an easement by 20 years of enjoyment
2. Statutory Authority:
If a conduct or act, which might otherwise constitute a nuisance, is authorised by a statute, will be a good defence
3. Grant:
If the terms of the grant cover the act in question, it will be a good defence against discomfort
4. Act of God:
If any conduct or act, due to the act of God causes a nuisance, then it will be a valid defence.
5. Act of Stranger:
If a stranger rather than the defendant does an act, then the suit will be dismissed. It is a valid defence
CONCLUSION
There are two forms of nuisance, public nuisance and private nuisance which have quite different meanings. Public Nuisance arises when acts or omissions have caused annoyance, inconvenience or danger to a class or part of the general public. Private nuisance includes the unreasonable interference with the plaintiff’s enjoyment or use of his land or the disturbance of some legal interest over the land.
FREQUENTLY ASKED QUESTIONS
What is the law on private nuisance? Who can sue and who can be sued in an action for nuisance?
(2019-A 5 years)
Elaborate on private nuisance and public nuisance along with its remedies. What is the difference between nuisance and negligence?
(2018-A, 2016-S)
How does the court determine unreasonable interference in nuisance? Give examples.
(2017-A)
Discuss the tort of private nuisance along with remedies available to the aggrieved party.
(2015-S)
What is the difference between ‘Public’ and ‘Private nuisance?
(2013-S, 2012-A)
