Nuisance is a legal action to correct harm arising from the use of one’s property. It means that which causes offense, annoyance, trouble or injury. It has two type private nuisance and public nuisance. A public nuisance is an unreasonable interference with the public’s right to property. it includes conduct that interferes with public health, safety, peace or convenience.
Some nuisance includes:
- The dogs barking
- The noise of building and construction site
- Permitted work hours between 8 am and 6 pm Monday to Friday an on Saturdays 8 am to 1 pm.
- DIY noise during anti-social hours.
- Car and burglar alarms.
- The noisy deliveries at unreasonable hours.
- Parties, nightclubs and pubs.
- Place of worships.
- Open air event and street performers.
- Loud music, television, computer games.
- Kitchen and air conditioning units.
Types of nuisance:
Statutory: Statutory nuisance is caused by:
- Noise and vibration
- Smoke, gases
- Kept animals
- Waste deposits
- Premises poor state
- Foul, stagnant or obstructed water
- Insects coming from your business premises
- Artificial lighting.
Common law nuisance:
Common law nuisance is which causes harm to people or damages property you may be causing a private nuisance and could be sued by individuals. It may lead you to attend a court hearing and pay compensation or damages. If the nuisance occurs because of the structural defeat on your premises, the action may be taken against you as the owner of the premises, even if you are not the person responsible for causing the nuisance. Action may be taken against you if the person responsible for causing the nuisance cannot be found.
What is a tort in nuisance?
If the statement is made in writing and published, the defamation is called libel. If the hurtful statement is spoken, the statement is slander. The government can’t imprison someone for making a defamatory statement since it is not a crime. Instead, defamation is considered to be civil wrong or a tort.
The legal definition of nuisance:
Nuisance from archaic innocence, through Fr. nuisance, nuisance, from Lat. nocere, “to hurt” is a common law tort. It means that which causes offense, annoyance, trouble or injury. A nuisance can be either public (also “common”) or private.
Nuisance terms and issues:
- Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
- Injunction – A court order preventing an individual or entity from the beginning or continuing an action.
- Plaintiff – A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings.
- Tort – An intentional or negligent act, a civil wrong, as opposed to a criminal act, which causes harm to another.