Examples Of Public Nuisance

1747 Words7 Pages
1.NUISANCE AS A TORT

Nuisance means an unlawful interference with a €person’s use or enjoyment of land, or some right over, or in connection with it.Nuisance is an injury done to the right of a person in possession of property to uninterrupted enjoyment of it and results from an unwarranted use by another person of his own property.The interference done in nuisance is not direct but consequential.It is expressed by saying that nuisance is a breach of the duty marked by the latin maxim, sic utere tuo ut alienum non laedas, which means ‘one must use his property so as not to injure the lawful rights of another.The person who possesses the property may put his own property to any reasonable and lawful use, so long as he does not thereby disrobe the adjoining landowner of any right of enjoyment of his property which is recognized and protected by law’.

2.TYPES OF NUISANCE

Public Nuisance: It is a crime. Public nuisance is the interference with the right of the public in general and is a punishable offense. Obstructing a public path by digging a hole for sewage construction of your house are examples of public nuisance.To avoid multiple suits arising out of a single act, the law makes public nuisance an offence under criminal law.However there are some exception to this.in certain cases, where the plaintiff can suffers some special damage, apart from what is suffered by the public in general, then an action for damage shall lie in case of public nuisance as well, as it
Open Document