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Private Nuisance

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Submitted By AnkitAV
Words 1596
Pages 7
Private Nuisance in Tort Law
The imprecise boundaries of what exactly constitutes private nuisance makes the task of providing an exhaustive definition of the tort almost impossible. The presently accepted definition of private nuisance that speaks only of substantial interference and unreasonableness is simplistic and inadequate. But through this assignment I would like to bring a focused analysis of the tort of private nuisance, following from some landmark decisions and other authorities intends to clarify what kind of situations make for a valid standing of private nuisance in court.

Requirements of a valid claim for Private nuisance:
Private nuisance, broadly, takes three forms, namely; encroachment on the land of the neighbour, direct physical injury to the land and interference with the enjoyment of the land by the neighbour. Collectively, the situations encompassed by the three aforementioned faults are almost infinite. It may vary from the inconvenience caused by unpleasant noise of automobile and smell of cattle to the damage caused to structures by vibrations. But this does not mean that every slight and trivial annoyance is enforceable under the tort of private nuisance. In order for a fault to qualify as private nuisance, it must primarily interfere with the use or enjoyment of one’s land and must be unreasonable in its effect on the plaintiff. Other secondary requirements of private nuisance, like the quality of recurrence et al are subsequently discussed in the essay. The basic objective of the law of private nuisance is however to maintain a series of checks and balances between enforcing the rights of one individual while not taking away the rights of another. It is because of this that there is no cut and dried resolution mechanism for private nuisance. The cases falling under this tort are, therefore, decided on a case to case basis. Some

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