Soha Bukhari's law assignment discusses private and public nuisance under tort law. Private nuisance involves unreasonable interference with a person's use and enjoyment of their land, while public nuisance involves unreasonable interference with public health, safety, or convenience. The document analyzes several cases where private individuals or public authorities brought nuisance actions and were found liable or not liable depending on the circumstances. It concludes that private nuisance aims to balance landowners' rights to use their property with their neighbors' rights not to be interfered with.

1. Name: Soha Bukhari
Major: LLB
Subject: law of torts
Sub-mitted too: MISS KHADJIA
Assignment: 3
Date: 1st
may 2018
Topic: Illustrate in detail with reference to the case laws, who can
bring an action in nuisance and who may held liable in nuisance.

2. Illustrate in detail with reference to the case the laws, who can bring an action
in nuisance and who may held liable in nuisance .
Nuisance Definition:
“Excessive or unlawful use of one’s property to the extent of unreasonable
annoyance or inconvenience to a neighbor or to the public.”
What is Nuisance?
Although the common use of "nuisance" is something that annoys a person,
nuisance laws actually deal with property. Trespassing is the unlawful physical
entry onto another's property, and it can be either a criminal or a civil charge. A
legal action to redress harm arising from the use of one's property. The two types
of nuisance are private nuisance and public nuisance. A private nuisance is a civil
wrong, it is the unreasonable, unwarranted, or unlawful use of one's property in a
manner that substantially interferes with the enjoyment or use of another
individual's property, without an actual Trespass or physical invasion to the land. A
public nuisance is a criminal wrong; it is an act or omission that obstructs,
damages, or inconveniences the rights of the community. Nuisances, on the other
hand, only consist of acts that interfere with the enjoyment of a person's property
but without any physical invasion or trespass.
Examples of nuisances can include:
1) Bright lights,
2) Loud or irritating noises,
3) Sickening or noxious smells,
4) Major health hazards,
5) The unsafe storage of dangerous materials, or
6) Criminal activity.

3. Nuisance’s case:
Sedleigh-Denfield v O’Callaghan [1940] AC 880 House of Lords
The council undertook some work on the defendant’s land at the request of a
neighboring landowner. They had placed a culvert in a ditch to allow the water to
drain away, however, they had negligently placed a grate in the wrong place which
rendered the grate useless and the culvert became prone to blockages. The
defendant’s workers had cleaned the culvert periodically over a three year period
to prevent blockages. However, a heavy rain storm caused a blockage and the ditch
became flooded. The flood spread to neighboring property owned by the claimant
and caused substantial damage. The claimant brought an action in nuisance for the
damage caused. The defendant argued that he had neither consented to nor had
knowledge of the existence of the culvert.
Held:
The defendant was liable. An occupier may be liable for the acts of a trespasser if
they adopt or continue the nuisance.
Lord Maugham:
“My Lords, in the present case I am of opinion that the Respondents both
continued and adopted the nuisance. After the lapse of nearly three years they must
be taken to have suffered the nuisance to continue; for they neglected to take the
very simple step of placing a grid in the proper place which would have removed
the danger to their neighbor s land. They adopted the nuisance for they continued
during all that time to use the artificial contrivance of the conduit for the purpose
of getting rid of water from their property without taking the proper means for
rendering it safe.”
Nuisance actions are divided into public and private nuisances

4. Public nuisance
The term public nuisance covers a wide variety of minor crimes that threaten the
health, morals, safety, comfort, convenience, or welfare of a community. Violators
may be punished by a criminal sentence, a fine, or both. A defendant may also be
required to remove a nuisance or to pay the costs of removal. For example, a
manufacturer who has polluted a stream might be fined and might also be ordered
to pay the cost of cleanup. Public nuisances may interfere with public health, such
as in the keeping of diseased animals or a malarial pond. Public safety nuisances
include shooting fireworks in the streets, storing explosives, practicing medicine
without a license, or harboring a vicious dog. Houses of prostitution, illegal liquor
establishments, Gaming houses, and unlicensed prizefights are examples of
nuisances that interfere with public morals. Obstructing a highway or creating a
condition to make travel unsafe or highly disagreeable are examples of nuisances
threatening the public convenience. A public nuisance interferes with the public as
a class, not merely one person or a group of citizens. No civil remedy exists for a
private citizen harmed by a public nuisance, even if his or her harm was greater
than the harm suffered by others; a criminal prosecution is the exclusive remedy.
However, if the individual suffers harm that is different from that suffered by the
general public, the individual may maintain a tort action for damages. For example,
if dynamiting has thrown a large boulder onto a public highway, those who use the
highway cannot maintain a nuisance action for the inconvenience. However, a
motorist who is injured from colliding with the boulder may bring a tort action for
personal injuries.
Case:
Tate & Lyle v Greater London Council [1983] 2 AC 509
Tate & Lyle operated a sugar refinery on the bank of the river Thames. They had a
jetty from which raw sugar would be offloaded from barges and refined sugar
would be taken. The sugar would be taken be larger vessels and then transferred to
smaller barges to enable them to get to through the shallow waters. As part of

5. development Tate & Lyle wished to construct a new jetty and dredge the water to
accommodate the larger vessels. At the same time the GLC was constructing new
ferry terminals. The design of the ferry terminals was such that that it caused
siltation of the channels. After using the channels for a short while, Tate & Lyles’
larger vessels were no longer able to use them. Further dredging at the cost of
£540,000 was required to make the channel and jetties usable by the vessels. Tate
& Lyle brought an action in negligence and nuisance to recover the cost of te extra
dredging.
Held:
The claim in negligence and private nuisance failed since they did not possess any
private rights which enabled them to insist on any particular depth of water. The
claim succeeded in public nuisance since the interference caused by the ferry
terminals affected public navigation rights. Tate & Lyle suffered particular damage
as a result of this interference.
Example of public nuisance
1) Public Nuisance is an act that interferes with general community interests or
the comfort of the public at large.
Examples
1) Air pollution
2) Loud noises
3) Storing dangerous explosives
4) Prostitution houses (can also be private if they interfere with your use of
your property)
2) Individuals cannot sue for public nuisance unless it also gives rise to a
private nuisance
Punishment
A defendant who is found guilty in a public nuisance lawsuit can be punished by a
fine, a criminal sentence, or both. He may also be ordered to remove the nuisance,
or to pay the costs involved with removing it. For instance, the chemical plant may
be fined for polluting the local water supply and may also be ordered to pay for the

6. costs associated. In the case of the chemical plant, this lawsuit can actually be
considered both private and public insofar as a nuisance lawsuit. In this case, the
nuisance would be considered a “mixed” nuisance because the defendant’s conduct
was not only threatening the public at large, but it also had significant effects on
local citizens at the individual level. There are also public safety nuisances, which
are nuisances that endanger citizens in the local area. Public safety nuisances
include such acts as shooting off of fireworks, the storing of explosives, and
practicing medicine without a license. Nuisances that threaten the public
convenience include obstructing a roadway, or creating a condition that makes
travel in the area either unsafe or incredibly problematic.
Private Nuisance
A private nuisance is an interference with a person's enjoyment and use of his land.
The law recognizes that landowners, or those in rightful possession of land, have
the right to the unimpaired condition of the property and to reasonable comfort and
convenience in its occupation.
Example
Examples of private nuisances abound. Nuisances that interfere with the physical
condition of the land include vibration or blasting that damages a house;
destruction of crops; raising of a water table; or the pollution of soil, a stream, or
an underground water supply. Examples of nuisances interfering with the comfort,
convenience, or health of an occupant are foul odors, noxious gases, smoke, dust,
loud noises, excessive light, or high temperatures. Moreover, a nuisance may also
disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious
dog, even though an injury is only threatened and has not actually occurred. An
attractive nuisance is a danger likely to lure children onto a person's land.
An other example
An individual who has a pool on his property has a legal obligation to take
reasonable precautions, such as erecting a fence, to prevent foreseeable injury to
children. Trespass is sometimes confused with nuisance, but the two are distinct. A
trespass action protects against an invasion of one's right to exclusive possessionof
land. If a landowner drops a tree across her neighbor's boundary line she has

7. committed a trespass; if her dog barks all night keeping the neighbor awake, she
may be liable for nuisance.
Punishment
Because a private nuisance is considered a civil matter, courts will weigh certain
factors when determining a defendant’s accountability: the defendant’s fault in the
matter, if any; whether the defendant has posed a substantial interference with the
plaintiff’s quality of life; and the reasonableness of the defendant’s behavior.
Fault
To find fault, a court must decide whether a defendant intentionally, recklessly, or
negligently restricted the plaintiff’s use and enjoyment of his property. Else, fault
can be found if the defendant continued behaving offensively even after learning
that his conduct was harmful or posed a significant risk of harm to the plaintiff. An
example of fault would be a defendant who continued to allow his dog to bark all
night after the plaintiff went over and talked to him about it.
Case 1
Malone v Laskey 1907 2 KB 141
The claimant was injured when vibrations from an engine on an adjoining property
caused a bracket to come loose and the cistern to fall on her in the lavatory. She
was unsuccessful in her claim as she did not have a proprietary interest in the
house. Her husband was a mere licensee through his employment as a manager.
Case 2
Bury v Pope (1587) Cro Eliz 118
The owner of land was held entitled to erect a house against his neighbor’s
windows even though they had enjoyed light for over 30 years. In the absence of
an easement, there is no right to light.
Public v.s Private Nuisance
A public nuisance is one that has the potential to affect the health, safety, welfare,
and/or comfort of the general public. In many states, public nuisances are

8. punishable in criminal court as well as civil .In Irwindale, California, the city
council has determined that the spicy fumes from a Sirach plant were a public
nuisance. According to the Los Angeles Times, nearby residents claim the odors
burn "their eyes and throats at certain times of the day. "This sort of wide-reaching
nuisance is different from a private nuisance action. With a private nuisance, only
one or a few property owners may be affected by an obnoxious smell, sound, or
light source, as opposed to an entire community. Some nuisances can be both
public and private in certain circumstances where the public nuisance substantially
interferes with the use of an individual's adjoining land. For example, Pollution of
a river might constitute both a public and a private nuisance. This is known as a
mixed nuisance.
Defences & remedies
An Act of God is accepted as a defense to nuisance. There is also the 20-year
prescription rule, whereby if a private nuisance continues for 20 years, it becomes
legal so long as the defendant can show it has been continuous and the claimant
has been aware. Another defense is obviously related to statutory authority. If
activity has been authorized by legislation, this defends it from causing a public or
private nuisance. Three remedies are possible when it comes to nuisance:
injunctions, damages and abatement. An injunction is an order to stop the nuisance.
Damages is obviously money paid by the defendant to the claimant and abatement
allows the claimant to directly end the nuisance, such as trimming back a hedge.
Conclusion:
The law of torts which deals with dispute between adjacent landowners is private
nuisance. It involves drawing a balance between the right of one person to use their
land in whatever way they wish and the right of their neighbor not to be interfered
with. It is an unlawful interference with a person's use or enjoyment of land, or
some right over, or in connection with it. These laws of torts are to provide
damages and remedies for those people who had suffered damages from nuisance.
When doing this topic, we could conclude that the law of private nuisance has their
own element which if it is proven, then the people who suffered damages may sue
the parties who had interfere with their enjoyment of their land or who had made
nuisance.