Nuisance in Torts

Nuisance is an unreasonable interference with a person’s use or enjoyment of their land or some associated right. 

Nuisance is characterized by an unreasonable interference that disrupts an individual’s use or enjoyment of their property. The interference can take various forms, such as noise pollution, odours, vibrations, or any other activity that causes substantial inconvenience or annoyance.

Elements of Nuisance in Torts

To establish a claim of nuisance, the following elements need to be present:

Unreasonable Interference: The interference must be deemed unreasonable. This means that it exceeds what is considered acceptable or tolerable according to the ordinary customs and practices of the society in which it occurs. Reasonableness is determined by evaluating the impact of the interference on the affected party.

Use or Enjoyment of Plaintiff’s Property: The interference must affect the plaintiff’s use or enjoyment of their property in some way. It could be interference with their physical use, such as the inability to enjoy peaceful living conditions or interference with their legal rights over the property.

Legal Injury or Threat of Legal Injury: Nuisance requires showing actual legal injury or the threat of legal injury. Unlike other torts like trespass, where actual damage is necessary, nuisance can be established by demonstrating a reasonable apprehension of harm or the potential for future damage.

Public Nuisance vs. Private Nuisance

It is essential to differentiate between public nuisance and private nuisance. Public nuisance involves interference that affects the general public or a significant portion of the community. Private nuisance, on the other hand, pertains to interference that affects specific individuals or property owners.

Sensitive Plaintiffs and Use or Enjoyment of Property

Nuisance claims typically revolve around the impact on a plaintiff’s use or enjoyment of their property. 

However, it is important to note that the law does not provide protection for overly sensitive plaintiffs or those engaged in highly sensitive activities. Mere personal annoyance or inconvenience may not be sufficient grounds for a successful nuisance claim.

Defences Against Nuisance

Certain defences can be raised against a claim of nuisance. These include:

Prescriptive Right: If the defendant can establish that the interference has been ongoing for a continuous period of 20 years or more, they may be able to assert a prescriptive right, which can serve as a defence against the nuisance claim.

Statutory Authority: In some cases, the defendant may have acted under the authority of a statute or legal provision that permits the activity causing the alleged nuisance. This statutory authority can provide a defence against the claim.

What Does Not Work as Defenses Against Nuisance

Public Good: The fact that the defendant’s actions may serve a public good or benefit the community at large is generally not a valid defence against a nuisance claim.

Reasonable Care: Exercising reasonable care in carrying out the activity may not be sufficient to absolve the defendant of liability if the interference is deemed unreasonable.

Plaintiff “Came to” Nuisance: It is not a defence for the defendant to argue that the plaintiff knowingly moved or established their property next to an existing nuisance. This principle, known as “coming to the nuisance,” does not relieve the defendant of their responsibility to mitigate the interference.

Summary

Nuisance is a legal concept aimed at protecting individuals from unreasonable interferences that disrupt their use or enjoyment of their property. It requires showing unreasonable interference, harm to the use or enjoyment of property, and legal injury or the threat of legal injury. 

While certain defences such as prescriptive rights and statutory authority can be raised, other factors like public good or reasonable care may not absolve the defendant of liability.