INJURY TO THE PROPERTY

Injury to tangible property:                  An unauthorized interference with the use of the property of another person through some object, tangible or intangible, which causes damage to property, is actionable as nuisance.  It may be by allowing branches of a tree to overhang on the land of another person or the escape of the roots of a tree, water, gas, smoke or fumes etc.  On the neighbors land or even by vibration.

Nuisance to intangible or incorporeal property:                

Interference with the right of support of land and building-          A person has a natural right to have his land supported by his neighbors and therefore removal of the support, either lateral or beneath is a nuisance.  The natural right of support from neighbors land is available only in respect of land without building.  Therefore, such a right is not available in respect of building or other structure on land.

                   Section 34 of Indian Easement Act, states that, "The removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation, unless and until substantial damage is actually sustained."  Therefore, mere removal of support or excavation is not actionable, a substantial damage has to be proved.

In respect of building, the right of support may be acquired by grant or prescription.

Interference with right to light and air-           In India, the right to light and air may be acquired by an easement.  Section 25 Limitation Act 1963 and Section 15 Indian Easement Act, 1882 make similar provisions regarding the mode and period of enjoyment required to acquire this perspective right.  Section 25 of the Limitation Act, 1963 provides:

"Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption and for twenty years and where any way watercourse of the use of any water or any other easement (weather affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an casement and as of right without interruption and for twenty years, that right to such access and use of light or air, way, watercourse, use of water or other easement shall be absolute and indefeasible.  Each of the said periods of twenty years before the institution of the suit wherein the claim to which such period relates is contested".