Nuisance

What this covers:

• What is nuisance.

• The difference between private and public nuisance.

• What this means practically.

In everyday life, a nuisance refers to something causing annoyance. Legally, however, this is a harmful act to the public or an individual for which they can seek a legal remedy. Nuisance is split into two types: private and public.

Private nuisance relates to disturbances that affect an individual’s right to enjoy their property. This can be because something is on your land or someone has damaged your land, and that interference is unreasonable. Only the landowner or tenant has the right to sue in private nuisance. The person responsible at law for the nuisance can be the one who caused it, the person living on the land where it originated, or the landlord with some conditions.

Public nuisance, on the other hand, is aimed at protecting the general public and is also a criminal offense. For this to be actionable, it must be shown that the act disrupted the reasonable comfort and convenience of people and that the person claiming has suffered more than other members of the public.

In practical terms, you may be able to sue if your right to enjoy your property is being infringed. However, it could be wiser to seek to remedy things amicably due to legal costs. If you believe that a neighbour is committing a wrong, it is always a good idea to seek independent legal advice to figure out whether this may amount to a nuisance.