Nuisance in Tort Law: Differences Between Public and Private Nuisance

OVERVIEW

Here in this topic, we are going to discuss the legal term nuisance which means when a person interferes in another’s property with the use or enjoyment of another. So, now let us see its types and other things via this topic. Let us begin with the meaning. Let us start. 

NUISANCE

Nuisance refers to the legal act in which an act or condition interferes in property with the use and enjoyment of property. Nuisance can be divided into two forms which are public and private nuisance. Let us see about these two types in brief.

PRIVATE NUISANCE

In private nuisance, it interferes in the person’s enjoyment and their use of land. This kind is basically done with an individual rather than the whole public of the society. Let us see some of its key elements.

Elements

• There should be an interference in someone’s enjoyment and use of land, the interference can be physical, and non-physical manner.
• The interference in this should be unreasonable and substantial, which the court considers, duration and frequency, etc like interference factors.
• There should be actual harm caused to a person due to the interference in use of property and enjoyment, and should inconvenience the landowner, and occupier.
• One example of this kind is water runoff from neighbor houses that fall in one’s basement.

PUBLIC NUISANCE

Public nuisance refers to interference which is done within the right of people or significant people. It is also an offence which is done at large and harms the whole society rather than an individual. There are some key elements of it. Let’s see what they are.

Elements

• There should be an interference with public rights, which can be public health, public policy,etc.
• There should be no harm done to the people or the whole community by doing interference.
• The act which is done to the people or the community should be illegal and unreasonable.
• One example of public nuisance is polluting air or rivers which serve the public.

REMEDIES

There are some remedies for the same. Let us see what they are in brief.

• First can be an injunction, where the court can stop the person who is polluting or harming the public, to reduce the harmful activities. An honourable court held an injunction.
• If there is any physical harm to the victim by the act of nuisance one can receive damages for the damages caused to him by nuisances.
• There is also the remedy of abatement where the party can take self decision or action to stop it. 

CONCLUSION

So, at the end of this topic, we have learnt how the law of nuisance balances and protects one’s rights to enjoyment and use of property by the interference of another person. Where private focuses on an individual whereas public focuses on the whole community. The remedies are also granted to the person who is affected by the act of nuisance.

REFERENCES

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.law.cornell.edu/wex/nuisance&ved=2ahUKEwif-tWttuSGAxWJh68BHWS2BWcQFnoECFIQAQ&usg=AOvVaw0Y-HegrXML_y4zeq2eiWGy