Friday, October 30, 2009
Private nuisance is an unlawful interference with a person's use,comfort,enjoyment & any interest that a person may have over his land. An interference becomes unlawful & constitutes a nuisance when it unreasonably interferes with the P's enjoyment of his land. The different between public n private nuisance was laid down in the case of MPPP v Boey Siew Than :
" a nuisance, is a public nuisance,if, within it sphere, which is the neighborhood, it materially affects the reasonable comfort & convenience of a class of the subjects of the state. A private nuisance, is one which disturbs the interest of some private individual in the use & enjoyment of his property by interference with the usual enjoyment of property by causing or permitting the escape of deleterious substances or things such as smoke, odours, & noise".
In action for private nuisance, the P must prove interference with the enjoyment of his land. ( a P must have an interest in land to be able to sue in private nuisance which does not require the P to have any interest over land). Person who have interest over land a landowner, a tenant & a licensee who has been granted a license to use the land for a particular purpose.