The common law tort of Nuisance refers to violation of the right of quiet enjoyment.
Based on its nature, Nuisance has been categorized into public and private nuisance. In case of Public Nuisance, there must be some unlawful act or omission interfering with the lives, comfort, property or common rights of the public, for instance, keeping dangerous premises near a Highway or obstruction of a Highway. A public nuisance is considered as a crime and its remedy lies in criminal proceedings. An action against public nuisance can be brought in tort, by a private individual if he suffers any particular damage over and above that suffered by the public at large. The tort of Private Nuisance signifies violation or interference with one’s use of property, health, comfort or convenience. For instance, obstruction of right of way of the claimant, interference with the claimant’s water supply, access of air, light or support, etc. Private Nuisance does not include trespass. In order to determine whether an act or omission is a nuisance, the following points must be taken into consideration:
There need not be any direct injury to health.
The standard of comfort must be expected to vary with the district.
A person cannot take advantage of his peculiar sensitivity to noise and smell.
The utility of the alleged nuisance has no bearing on the question.
The modes of annoyance are infinitely various.
A nuisance may result from the acts of several wrongdoers.
Duration of the act.
Sometimes malice or evil motive may become the gist of the offence.
It is possible to acquire the right to create a private nuisance by prescription.
