Nuisance in Europe
Definition of Nuisance
An inconvenience materially interfering with the ordinary comfort physically of human’ existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober, .simple notions among the English people (per KnightBruce, V.-C., Walter v. Selfe, 4 De G. & Sm. 332).
A public or common nuisance is an act which interferes with the enjoyment of a right which all members of the community are entitled to, such as the right to fresh air, to travel on the highways, etc. The remedy for a public nuisance (which is a misdemeanour) is by indictment, information or injunction at the suit of the Attorney-General, and in certain cases by summary process, or abatement (q-v.) ; and if special damage is caused to an individual, he has an action for damages or injunction against the wrongdoer.
A private nuisance is such a continuous infringement of a natural right of property as would in process of time give the wrongdoer an easement or prescriptive right to do an act which was originally tortious; e.g., if a man builds a house so close to another that his roof overhangs, and the water flows off his roof upon the other. The remedy for a private nuisance is either by abatement (q.v.), or by action for damages, injunction or mandamus. See Benjamin v. Storr; St. Helens Smelting Co. v. Tipping
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Definition of Nuisance is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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