private nuisance

Private nuisance is a tort that protects occupiers of land against unreasonable interference, such as noise, smoke, smells, vibration, or encroaching roots, or physical damage to property. The claimant must show an interest in the land and actual damage or substantial interference; trivial inconvenience is not enough. The test is reasonableness, taking into account the locality, duration and sensitivity of the use.

It differs from public nuisance, which affects the public at large and is also a crime; an individual can sue for public nuisance only if he suffers special damage. Remedies for private nuisance are damages, injunction and, in limited cases, abatement. A prescriptive right to commit a nuisance can be acquired after 20 years.

Example

The constant noise from the flour mill next door was a private nuisance, and the court granted an injunction restricting its working hours.

See also

nuisance · public nuisance · sic utere tuo ut alienum non laedas · easement

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)