Nuisance
Law of Nuisance
The law of private nuisance compensates for or prevents the unreasonable interference, disturbance or annoyance of a person in his occupation of land. It protects the interests of the landowner and occupier in the quiet and peaceful enjoyment of the property.
The law of public nuisance protects rights enjoyed by the public, such as the right to exercise a public right of way.
A person may be liable for nuisance without any proof of negligence. It may be easier to prove a claim for nuisance than for negligence.
Private Nuisance
A private nuisance is a civil action that the owner or occupier of land may take to compensate for or prevent the unreasonable interference with his rights in the enjoyment of land. There must be an unreasonable interference with another person in the quiet enjoyment of its properties.
Nuisance covers anything that discommodes or injuriously affects the senses. A nuisance may include physical interference such as fire, flooding, escaping pests and animals etc. and other intrusions. It also covers less tangible interference such as noise, smells, pollution and offensive behaviour.
It is not the case that a person must never suffer some interference with his enjoyment of land. Liability for nuisance will only apply where the interference is unreasonable in the circumstances. For example, it is reasonable that an adjoining owner may build from time to time or take other actions which may interfere with an adjoining owner’s enjoyment of land.
A person can be liable for nuisance by reason of the condition of the property. If, for example, a person allows gas to accumulate on his land and escape or allows trees to overgrow, there may be an actionable nuisance.
Strict Liability
Liability for nuisance is strict (without fault) when it results from an act. Frequently, the nuisance will exist through want of care. However, a nuisance may occur without fault, in which event the owner or controller of the property will be responsible.
If it results from an omission, then the person will not be liable unless he failed to exercise reasonable care. For example, if damage arises from an unseen defect in a tree which suddenly falls, the owner may not be liable if, for example, he has inspected the tree regularly, taken due care and did not know of the defect.
Balancing Rights
In the law of nuisance, the courts seek to strike a balance between the competing needs and interests of the neighbours in the use and enjoyment of land. The courts consider the standards of a reasonable person and the standards of behaviour, which are generally accepted by ordinary people in society.
Where are the defendant’s conduct is socially useful, a greater amount of interference may be allowed than if the conduct has no useful purpose. If the defendant’s actions are gratuitous, for sport, or unnecessary, then it is more likely to be categorised as unreasonable.
It may be necessary and reasonable, for example, for a person to undertake building works from time to time, notwithstanding that it may interfere with his neighbour. However, although this may generally be reasonable, he must act reasonably in the manner in which works are undertaken. If he were to decide to build at night so as to interfere with his neighbours’ sleep, etc., an injunction would likely issue to limit the building works and noise to certain daytime hours.
What might be acceptable in one neighbourhood or location would not be acceptable in another. A public house or nightclub in the city centre would be likely to be tolerated. However, it would be much less be less likely to be tolerated in a suburban residential area.
This is apart from the planning law aspects of such matters. In either case, the courts may restrict the hours of operation so as to accommodate the reasonable requirements of neighbours.
Protects Occupier of Land
Nuisance protects occupiers of land. This may include owners, tenants and licensees. It also extends to certain occupiers, such as family members. It would not protect somebody who was merely on the land temporarily or as a visitor.
A legal action for nuisance may be taken against whoever authorised the nuisance or failed to take reasonable steps to abate or reduce it. Both a tenant and landlord may be sued where the nuisance arises from circumstances for which both may have responsibility. The nuisance may the landlord’s responsibility, in so far as it relates to circumstances existing at the time of the letting or lease and the tenant’s responsibility in so far as he has failed to abate it.
Injunctions
A nuisance can generally be restrained by an injunction. This is a court order to prohibit and prevent the nuisance.
For example, in the case of noise and noxious smells, compensation would not be adequate to remedy the wrong. Therefore a permanent injunction may be available following the hearing of the dispute.
An Injunction is a court order directing a person to do or refrain from doing a particular act. Courts have flexibility and discretion in granting injunctions. Injunctions may require an act to be performed. More commonly, they require the cessation of a particular act or omission.
It is possible to obtain a temporary injunction in a short form application at the beginning of or in the course of a legal claim. This is for the purpose of maintaining the position until the full hearing. These types of pre-hearing injunctions are common and may be effective in providing a rapid solution to.
Abatement
With nuisance, a person may be entitled to take action without a court order in order to abate the nuisance. This is a self-help solution.
The law does not generally permit self-help. In nuisance cases, abatement may be allowed in an emergency situation where there is no other alternative.
References and Sources
Irish Books
Tully Tort Law in Ireland 2014
McMahon & Binchy Law of Torts 4ed 2013
McMahon & Binchy Case Book on the Law of Torts 3ed 2005
Connolly Tort Nutshell 2ed 2009
Quill Torts in Ireland 4ed 2014
Fahey Irish Tort Legislation 2015
Healy Principles of Irish Torts 2006
EU and UK Texts
Lunney, M. and K. Oliphant Tort law: text and materials. 5ed 2013
Peel, Edwin, Goudcamp, James Winfield and Jolowicz on tort 19 ed 2014
Horsey, K. and E. Rackley Tort law. 6ed edition 2019
Deakin, S., A. Johnson and B. Markesinis Markesinis and Deakin’s tort law 7ed 2012
Giliker, P. Tort 5ed 2014
McBride, N.J. and R. Bagshaw Tort law 6ed 2018
Steele, J. Tort law: text, cases and materials 4ed 2017
O’Sullivan, J., J. Morgan, S. Tofaris, M. Matthews and D. Howarth Hepple and Matthews’ tort: cases and materials 7ed 2015
Horsey, H. and E. Rackley Kidner’s casebook on torts 13ed 2015
Clerk & Lindsell on Torts 22ed 2019
Charlesworth & Percy on Negligence 14ed 2019
Cases