NUISANCE

Introduction:                         Nuisance is a tort, and unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Such kinds of acts interfering with the comfort, health or safety of others.  The interference may be by any way e.g. noise, vibrations, heat, smoke, smell, fumes, water, gas, electricity or disease producing germs.  Nuisance may be private or public and both are actionable.

Definition:                              An excellent definition of nuisance is, "anything which is injurious to health or indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner, or any navigable lake, river, bay, stream, canal or basin or any public park or square, street or highway.

A nuisance may, therefore, be generally defined as anything that works or causes injury, damage, hurt, inconvenience, annoyance or discomfort to one in the enjoyment of its legitimate and reasonable rights of persons or property; or that which is unauthorized, immoral, indecent, offensive to the senses, noxious, unwholesome, unreasonable, tortious or unwarranted and which injures, endangers, or damages one in an essential or material degree in or which materially interferes with, his legitimate rights to the enjoyment of life, health, comfort or property, real or personal, if abnormal or unusual, can be an actionable nuisance if it interferes with one's physical comforts.

Conclusion:                            In an action for tort of nuisance the defendant may take defense that his act falls under exceptions.  In such circumstances burden of proof lies upon the defendant.  In case defendant succeeded in proving that his case falls in exception, the suit is dismissed by the court.