Nuisance

- public nuisance
- private nuisance
 interference with an easement
 encroachment onto a neighbour’s land
 direct physical injury to a neighbour’s land
 interference with a neighbour’s quiet enjoyment of land
Principles of private nuisance
- only unreasonable invasions and inferences are actionable
- commonplace incidents of living which intrude may become unreasonable and actionable if
repeated too often, on the “constant dripping wears away a stone” analogy
- The geographical location of the incidents can make a difference to the success of an action.
- The defendant is not liable if the plaintiff, or the plaintiff’s property, is unduly sensitive to
some otherwise unremarkable interference, unless it is done deliberately to cause annoyance
or harm
- The presence of malice can make a claim succeed where it might otherwise fail.
- It is no defence to show that “the plaintiff came to the nuisance”
- It is no defence to say “I did not create the nuisance”

Remedies for private nuisance

- Damages
- Injunctions
- Abatement