Nuisance

Nuisance may be either public or private. (1) A public or common nuisance is an act by which the enjoyment of a right is interfered with, such as the right to light and air, to travel, not to be exposed to danger "from infectious disease, etc. Accordingly the carrying on of a manufacture from which noxious exhalations are emitted, or the exposure for sale of unwholesome food, or the stopping or obstructing a highway, etc., are public nuisances. The remedy for a public nuisance (which ranks criminally as a misdemeanour) is by indictment or information; and, if special damage is caused, an action for damages or injunction will lie against the wrong-doer. Modern legislation has also provided ct summary way of dealing with nuisances; for by the Public Health Acts, local sanitary authorities are required to ascertain by inspection what nuisances exist within their districts, and the justices are empowered to deal summarily with such as are found to exist. (2) A private nuisance is such a continuous infringement of a natural right of property as could, in process of time, give the wrong-doer an easement or prescriptive right to do an act which was originally tortuous. Thus, if a man builds his house so close to his neighbour's that his roof overhangs it, or if he carries on a noisy or offensive trade, these are nuisances for which an action lies. The remedy for a nuisance is either by abatement or by action for damages, injunction, or mandamus.