Nuisance CASES

In English law, nuisance is a tort concerned with unlawful interference with the use or enjoyment of land, or with rights enjoyed by the
public at large. It plays a central role in resolving conflicts between neighbouring land uses and in regulating activities that affect the
environment and public spaces.

Definition and principles

Nuisance is traditionally divided into private nuisance and public nuisance. Private nuisance protects a claimant’s interest
in land against unreasonable interference, such as noise, smells, smoke, vibrations, or encroachment. Public nuisance concerns acts or
omissions that materially affect the reasonable comfort and convenience of a class of the public.

In private nuisance, liability depends on whether the interference is unreasonable in all the circumstances. Relevant factors include the
nature and extent of the interference, its duration and frequency, the character of the locality, and the sensitivity of the claimant’s use
of land. Nuisance is not based on fault alone; a defendant may be liable even where they have taken reasonable care.

Common examples

Typical nuisance claims involve ongoing noise nuisance from neighbouring properties or businesses, persistent smells or fumes, pollution of land or water, overhanging branches or roots, and activities that interfere with access, light, or quiet enjoyment. Public nuisance may arise from obstruction of highways, dangerous activities affecting the public, or widespread environmental harm.

Key cases

• Sturges v Bridgman: confirmed that “coming to the nuisance” is not a defence.
• Hunter v Canary Wharf Ltd: limited private nuisance claims to those with a proprietary interest in land.
• Cambridge Water Co v Eastern Counties Leather plc: established foreseeability of the type of damage as a requirement in
  private nuisance.
• Attorney General v PYA Quarries Ltd: clarified the scope of public nuisance and the need for a “class of the public”.

Legal implications

Remedies for nuisance include damages and injunctions, with courts often required to balance the competing interests of the parties. In cases of continuing nuisance, liability may persist for as long as the interference remains unabated, and limitation issues can be significant.
Planning permission and statutory authority may be relevant but do not automatically prevent liability.

Practical importance

Nuisance is particularly important in neighbour disputes, environmental litigation, land use conflicts, and claims involving local
authorities and infrastructure projects. Its flexible standards allow courts to adapt the law to changing patterns of land use while
maintaining protection against unreasonable interference.

See also: Private nuisance; Public nuisance; Continuing nuisance; Coming to the nuisance; Noise nuisance; Rylands v Fletcher; Environmental liability; Injunctions; Land use.