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Torts Connected to Land

Torts Connected to Land

A nuisance is an act, or more usually, a series of acts by one person which interferes with the life of another. There are two types of nuisance: private nuisance which occurs when a person’s use of his land is unreasonably affected by activities carried out by a neighbour on the neighbour’s property; and public nuisance occurs when a person carries out an act which materially affects the comfort and convenience of a whole class of Her Majesty’s subjects.

A private nuisance is denoted by a nuisance which may only affect one person, that person brings the claim and the claimant can only claim if his enjoyment of his own land is interfered with. The claimant can claim for physical injury or for loss of enjoyment.

A public nuisance is denoted by a nuisance that must affect a whole group of people, and is brought by a person particularly affected brings claim OR the Attorney-General can bring a criminal prosecution. The caimant can claim for injury incurred on land which is not his; this is often the highway and the claimant normally only claims for physical injury and must show that he suffered more than anyone else in the group affected.


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