Everyone is entitled to a healthy and peaceful living. In our daily routine, we face many inconveniences like pollution, noise, dust which annoy us. Such generic category of things constitute nuisance. In other words, nuisance is anything which annoys, hurts or that is offensive.
“In tort law, causing ‘nuisance’ means ‘unreasonably interfering’ with a person’s right over, and in connection, with his property or his land.” Nuisance may be caused in various ways, such as the causing of unnecessary noise, heat, smoke, smell and other such disturbing activities.
Example: your neighbor unnecessary is in the habit of setting on fire the morning piles of the dead leaves. He burns these in his garden, but the smoke from this fire blows into your house, and this is a type of general disturbance for you. Such behavior would constitute nuisance and since you are denied the right to live in your property and enjoy their safely, so you could complain about this nuisance, even a tenant could complain in a fixed time frame. There are two types of nuisances, public nuisance and private nuisance.
1. Public Nuisance: This type of nuisance occurs when the right of the general public is interfered with. For instance, if a person deliberately blocks a road with his vehicle, then he interferes with the right of the public in general, and that would be a public nuisance. This is because the road is a public property, and by blocking it, the person interferes with the public exercise or enjoyment of that property.
2. Private Nuisance: This is the kind of nuisance that is ground for a tort action for nuisance by a private party. The damages could be sought through a civil suit. There are certain requirements which need to be met for this, these include unreasonable interference by the defendant, also the interference must be with the use or enjoyment of the plaintiff’s property, the plaintiff should have suffered some damage as a result.
- Unlawful interference in one’s property or enjoyment of property.
- Interference or obstruction without any reasonable justification
- The test is such annoyance or discomfort which a reasonable and prudent man will suffer due to the defendant’s act.
Example: Skylight is a peaceful residential colony. A club was recently opened in the adjoining locality. The residents of skylight are continuously disturbed by the constant loud music and smoke of cigarettes. Such conduct constitutes nuisance and the affected persons can claim damages from the club owner for nuisance. They can also seek an injunction to prevent such nuisance.