NUISANCE AND TRESPASS: RELATIONSHIP AND DIFFERENCE
If you plant a tree on your land, but it grows and spreads to your neighbor's property and causes problems for him, is that a nuisance or trespass?
NUISANCE AND TRESPASS: RELATIONSHIP AND DIFFERENCE
NUISANCE VS TRESPASS
If you plant a tree on your land, but it grows and spreads to your neighbor's property and causes problems for him, is that a nuisance or trespass? What if someone enters your property without your consent to disrupt you while you're having fun there? Due to these two torts' similarities, there are many situations when individuals become confused between them. The contrasts between trespass and nuisance, notwithstanding some overlap and similarities, shall be emphasised in this article.
NUISANCE
Generally speaking, a nuisance is defined as anything that causes another person discomfort. When someone is unable to use and enjoy his own property, it becomes illegal. This means that if a landowner is unable to use his property due of another individual, he may bring a nuisance lawsuit against him. Thus, nuisance is indirect in nature. A neighbor playing music loudly in his own house can be a source of nuisance for you. You become annoyed as you cannot peacefully do what you are doing.
TRESPASS
In order to commit the tort of trespass, another person must directly interfere with the plaintiff's property. It constitutes trespassing if a neighbour grows trees on your land. Even if he tosses stones into your yard, that would still be considered trespassing. Trespass extends to the airspace above the plaintiff's property in addition to the surface area. Trespass only becomes an issue when there is a physical invasion by something or someone, it is important to keep in mind. Trespassing is defined as when someone enters your property without authorization and remains there.
WHAT IS THE DIFFERENCE BETWEEN NUISANCE AND TRESPASS
1. Nuisance is an indirect interference with the plaintiffs property.
2. It is created by some intangible objects such as gas, noise, smell, smoke, pollution, vibrations, electricity, etc.
3. It interferes the plaintiffs use or enjoyment of land or property.
4. A plants a tree in his own land. The tree grows, and its branches and roots spread into the land of B. It is nuisance.
5. A’s building has become ruinous, and it may collapse at any time and fall upon B’s house. A and B notice it. But A does not take proper steps to prevent it. Some of the walls of A’s house fell upon on B’s house. It is a nuisance.
6. Nuisance is actionable only when the special damage is proved.
TRESPASS
1. Trespass is a direct interference with the plaintiffs property.
2. It is always by some material or tangible objects.
3. It interferes with possession of the land or property of plaintiff.
4. A occupies B’s land forcibly and plants trees. It is a trespass.
5. A throws some stones upon his neighbor B’S house. It is a trespass.
6. Trespass is actionable per se i.e. without proof of damage.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080