meu l v vc: CillJ ul.U.

l~ uone to
f N u1~a.u~.. h s been det
Definition .o Stephen "nuisance a ts or hereditaments of another" not
Accordlil~~e of the l~ds, tene~ento Salmond, _"th~. wrong of nuisance
hurt or ann°Y t trespass. Acc~t<llilg fu1 justification but not so as to
1
amounting othe~ go or allowing without a_wus thing from his land or £min
. ts in causlil f deleteno
cons1s ass if escape o any . of the plaintiff for examp1e, water,
amount tre~Pt land in the possession "b ation electricity, disease., germs,
elsewhere, Ul o gas noise, heat, v1 r
mell fumes, .,
smoke, s , .. 2 I . t rf "th
. als negligence. . "is an unlawfu 1n e erence WI
arum A;cording to Dr. Winfield nu1:a:c; of some right over or in connection
, employment of Ian ,
persons use or .
93
with it.' • on in·ury to the right of a person in
Nuisance has been defin~d abesd ·oJyment of it and results from an
rt tO undistur enJ f
possession of prope Y n of his own property. The essence o tort of
improper use by another _perso_ ent of land. Nuisance is always concerned
nuisance is interference wi th enJO~ t f land In this kind of tort, the
. f ·
with invasion o m eres mth t t · the enJoymen o · · of another He uses his
perty in possession ·
wrongdoer d~s not enter e proth t he interferes with comfort of a person
own property m such a manner a h .
in ossession of another property. Take for example, A has a 5 op ope~g
· tp rrow lane B has a house on the other side of the lane. The latrine
tinkin
mo a na •
of B is accessible only through the lane. The removal of
th
e s· ? ~·gh· t
soil causes physical discomfort to A . The act of B is a _nuisance to A . S~ar~y
A lives in a thickly populated town. He opens a Kiln and bums bncks m
his compound and thus fills the whole atmosphere with smoke. By this act
A causes discomfort to his neighbours. Likewise, if A keeps a disorderly inn
and a game house in the heart of the city, where bad characters assemble
and continue for the whole night so much so that they make it impossible
for the public in general to sleep. In the examples given above, the persons
causing discomfort to other have not entered the property 'of the others. They
have only used their own property in such away that the have disturbed
?thers in the_ peaceful enjoyments of their ~wn property. This covers
interference with use and enjoyments of land by (coming of) water, fire,
smoke., smell, fume, gas, noise, heat, electricity, disease or any other like things
(from the land of another) which may cause such an inconvenience.

1. Stephen, the Law of Torts p . 499.

2. Salmond, Law of Torts, 20th Ed. p. 57.
3. Winfield on Tort, 6th Edition p. 536.
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