Gavin Howe
A common law nuisance is an unreasonable or unlawful use of one's property that interferes with the use and enjoyment of another person's property. It can take various forms, such as noise, water and light pollution, or any other hazard that extends past the boundaries of the property. Under common law, persons in possession of real property (landowners, leaseholders, etc.) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that enjoyment, the affected party may make a claim in nuisance. The nuisance must substantially and unreasonably interfere with the enjoyment of the property, and the interference must be reasonably foreseeable.
| Characteristics | Values |
|---|---|
| Definition | Unreasonable or unlawful use of one's property that interferes with the use and enjoyment of another person's property |
| Types | Public nuisance, private nuisance |
| Examples | Sounds, pollution, indecent conduct, a rubbish heap, a smoking chimney, obstructions of the highway, polluted wells, adulterated food, smoke, noise, light pollution, etc. |
| Remedy | Payment of damages, injunction |
| Actionable | If the nuisance is continuing, injunctive relief can be sought to require the person causing the nuisance to cease and prevent recurrence |
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What You'll Learn
Public nuisance
A public nuisance is an act, condition, or thing that is illegal because it interferes with the rights of the general public. It endangers the lives, safety, health, property, morals, or comfort of the public or obstructs the public in the exercise or enjoyment of any right common to all. For example, in R v Soul (1980), a group that conspired to secure the unlawful release of a restricted patient from Broadmoor was convicted of conspiracy to effect a public nuisance. The court assumed that the public would have been exposed to danger if the plan had been executed.
To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, that the interference is with a public right, and that the defendant's interference is substantial and unreasonable. If a private individual suffers harm more significant or different from others due to a public nuisance, they may bring a tort action for personal injury or damages suffered.
Offenders in public nuisance claims may face criminal charges, fines, or punishment with a criminal sentence. A judge may also grant injunctive relief, which prevents the offender from continuing the activity and may include court-ordered changes. The common law offence of public nuisance has been abolished in England and Wales, but it remains an offence under the common law of Northern Ireland.
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![Laws of Massachusetts relating to intoxicating liquors : common nuisances, gaming, innholders and common victuallers, Lord's day, penalties for drunkenness, etc. : also, a digest of th [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
Private nuisance
A private nuisance is an act by one party that interferes with another party's interest in the private use and enjoyment of their land. This interference must be substantial and unreasonable. For example, a neighbour playing loud music late at night could be considered a private nuisance, as it would interfere with the enjoyment of the neighbouring land.
To bring a successful action for private nuisance, the plaintiff must typically prove that they own the land or have a right to possess the property, and that the defendant's actions have caused a substantial and unreasonable interference with their use and enjoyment of the land. The defendant's actions can be intentional, negligent, or reckless.
In determining whether an interference is substantial and unreasonable, courts will consider various factors, including whether the plaintiff owned the property before the nuisance began, the level of harm versus the usefulness of the defendant's activity, and whether the action would be annoying to the average person. For instance, a person mowing their lawn once a week in a neighbourhood might not be considered a nuisance due to the utility of keeping the grass mowed and the expectations of the average person.
If a private nuisance is found, the plaintiff may be awarded damages to compensate for their loss, including harm to property and the enjoyment of their land. In some cases, injunctive relief may also be granted, requiring the defendant to cease the nuisance and prevent its recurrence. It is always advisable to try to resolve the issue with the neighbour directly before bringing legal action.
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Environmental nuisance
An environmental nuisance is a type of common law nuisance, which occurs when an individual or organisation creates a nuisance that causes harm to people or damages property. Environmental nuisances can be classified as either private or public nuisances.
A private environmental nuisance is typically caused by an individual doing something lawful on their own land, but which becomes a nuisance when it extends to a neighbour's land, causing physical damage or interfering with their quiet enjoyment of the land. For instance, second-hand smoke that constitutes a nuisance may be considered a private environmental nuisance. In such cases, the plaintiff may receive damages for harm to property and enjoyment, as well as injunctive relief to stop the offending conduct.
On the other hand, a public environmental nuisance arises from an act that endangers the life, health, property, morals, or comfort of the public. This could include situations where a business emits excessive noise, dust, or odour, causing a nuisance to the surrounding community. In the case of a public nuisance, the local council may take action, including issuing an abatement notice to stop or restrict the nuisance or prosecuting the responsible party.
To address an environmental nuisance, a formal complaint is typically required to initiate an investigation by the local council. If the nuisance is ongoing, injunctive relief may be sought to require the offending party to cease the nuisance and prevent its recurrence. It is important to note that the damage or interference caused by the nuisance must have been reasonably foreseeable by the party responsible.
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Remedies for nuisance
A person suffering from a common law nuisance may seek legal remedies to stop the nuisance and/or obtain compensation for any harm or inconvenience caused. Here are some common remedies available:
Injunctions: An injunction is a court order that requires the person creating the nuisance (the "nuisancer") to stop the activity that is causing the harm. This is often the primary remedy sought in nuisance cases, as it directly addresses the issue and prevents any further damage or inconvenience. Injunctions can be provisional, which are temporary and usually granted at the beginning of a case, or permanent, which are granted after a full trial.
Abatement: Abatement involves taking action to remove or reduce the nuisance. This can include physical actions, such as cutting down trees that are blocking light or removing debris that is causing an obstruction. A person affected by a nuisance may, in certain circumstances, take steps to abate the nuisance themselves and then seek compensation from the nuisancer for the costs incurred.
Damages: Monetary compensation may be awarded to the person suffering from the nuisance, especially if they have suffered financial loss or damage to their property. Damages can also be obtained for inconvenience, discomfort, or loss of enjoyment of the property. These are known as "compensatory damages." In some cases, where the nuisancer has acted intentionally or with gross negligence, "punitive damages" may be awarded to punish the wrongdoer and deter future misconduct.
Negotiation and Settlement: Parties involved in a nuisance dispute may choose to resolve the matter through negotiation and settlement. This can involve agreeing on measures to reduce the impact of the nuisance, such as altering the timing or manner of certain activities, or it may involve financial compensation in exchange for tolerating the nuisance to some degree. Mediation or other forms of alternative dispute resolution can be useful in facilitating these discussions.
Statutory Remedies: In some jurisdictions, there may be specific statutory remedies available for certain types of nuisances, especially in relation to environmental or public health issues. These can include fines, orders to take specific actions, or the implementation of regulatory measures.
It is important to note that the specific remedies available and the procedures for obtaining them may vary depending on the jurisdiction and the specific facts of each case. Seeking legal advice and understanding the applicable laws in your region is crucial to effectively addressing a common law nuisance.
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Nuisance and trespass
Under common law, landowners and leaseholders are entitled to the quiet enjoyment of their land. A common law nuisance occurs when there is an unreasonable or unlawful use of one's property that interferes with the use and enjoyment of another person's property. This interference can take various forms, such as noise, water and light pollution, or any other hazard that extends past the boundaries of the property. For example, in the 1997 case of Hunter v Canary Wharf Ltd, the House of Lords identified three kinds of private nuisance: encroachment on a neighbour's land, direct physical injury to a neighbour's land, and interference with a neighbour's quiet enjoyment of their land.
A public nuisance arises from an act that endangers the life, health, property, morals, or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. It is important to note that the interference must be substantial and unreasonable, and it must be foreseeable that the actions would cause such damage or interference.
While the term "nuisance" is often used to describe an activity or condition that is harmful or annoying to others, it is distinct from trespass. Trespass involves the unlawful entry onto another person's land, while nuisance involves non-trespassory invasions of another's interest in the private use and enjoyment of land. For example, a person may cause a nuisance by creating smells, sounds, or pollution that extends onto a neighbour's property, without actually entering the neighbour's land.
In the context of environmental science, certain phenomena such as noise, water, and light pollution are considered nuisances under the law. Environmental nuisance litigation can be challenging due to the standing requirements of private and public nuisance and the complexity of regulating this area through legislation.
To prove a common law nuisance case, the plaintiff must demonstrate that the defendant's activities unreasonably interfere with their use and enjoyment of their property. This involves showing ongoing conduct that substantially and unreasonably disturbs the use of their property. If a nuisance is found, the plaintiff may be awarded damages to compensate for harm to property and the enjoyment of their property, as well as injunctive relief to stop the offending conduct and prevent its recurrence.
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Frequently asked questions
A common law nuisance is an unreasonable or unlawful use of one's property that interferes with the use and enjoyment of another person's property. This can take the form of sounds, smells, pollution, or any other hazard that extends past the boundaries of the property.
Some examples of common law nuisance include noise, water, and light pollution, as well as indecent conduct, a rubbish heap, or a smoking chimney. In the past, common law nuisances included obstructions of the highway, polluted wells, adulterated food, smoke, noise, and lewd behaviour.
If a neighbour is causing a common law nuisance, the affected party may make a claim in nuisance. The remedy for a nuisance is typically the payment of damages, but an injunction can also be sought to prevent the defendant from repeating the activity that caused the nuisance.
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