Tort of Nuisance

Question 1

What are the different type of Nuisances?

Answer 1

Public Nuisance and Private Nuisance

Question 2

What are the elements of a Private Nuisance?

Answer 2

• plaintiff can only sue the owner, tenant or person with exclusive possession
• interference with a recognised right
• attached to land and damage

Question 3

What are some examples?

Answer 3

• flooding
• The spread of fire
• Smoke
• The encroachment of tree roots and branches
• Spread of dust
• Smells
• Repeated harassing telephone calls
• Noise
• Bright lights
• Deliberate surveillance
• The spraying of pesticides