Taslim Ahammad :
Equally in everyday dialect, nuisance is to some degree that causes an annoyance or disturbance. It is difficult to define what degree of annoyance is necessary to constitute a nuisance.
Nuisance: Nuisance is usually used to describe an activity, thing or condition that is harmful, inconvenience, disturbance or annoying to the neighbourhood/others. In other words, activity, conduct, or situation that causes annoyance, inconvenience, or interference with the use or enjoyment of land or building, or with the comfort, health, or safety of the community.
A few examples of nuisance:
Dog barks all night keeping the neighbour awake
Building and construction site contentious very noise
Noise during anti-social hours
Burglar car alarms for a long time
Noisy deliveries at unreasonable hours
Parties, nightclubs and pubs
Loud music / television / computer games
Industrial processes (dry cleaners, factories and so on)
Kitchen extract / air conditioning units
Loud open-air event, speech and street performer
A rubbish heap or pile
Loud noise
Obstruction of traffic
Unpleasant smell and so on
Private Nuisance: Something or an activity that constitutes an unreasonable interference in the right to the use and enjoyment of one’s property. More specifically, private nuisance protects a person’s right to use and enjoy his or her property. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises. Other examples include interference with the physical condition of the land, disturbing the comfort of its occupants, or threatening future injury or disturbance.
Public Nuisance: A public nuisance is an unreasonable interference with the public’s right to property. It includes conduct that interferes with public health, safety, comfort, morals, peace or convenience. Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious. From acts of public indecency; as bathing in a public river in sight of the neighbouring houses or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighbourhood or keeping a disorderly house or a gaming house or a bawdy house or a dangerous animal, known to be such and suffering him to go at large, as a large bull-dog accustomed to bite people or exposing a person having a contagious disease, as the smallpox, in public and the like.
Some nuisances can be both public and private in certain circumstances where the public nuisance substantially interferes with the use of an individual’s adjoining land. For example, pollution of a river might constitute both a public and a private nuisance. This is known as a mixed nuisance.
Statutory Nuisance: Statutory Nuisance can also be used for instances including the adverse effects of artificial light, dust, odour and insects.
Environmental nuisance: In the field of environmental science, there are a number of phenomena which are considered nuisances, including most notably noise, water and light pollution. Moreover, there are some issues that are not necessarily legal matters that are termed environmental nuisance; for example, an excess population of insects or other vectors may be termed a nuisance population in an ecological sense.
Attractive nuisance: An attractive nuisance is a danger likely to lure children onto a person’s land. For example, an individual who has a pond/pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence and an unattended ladder leaning against a house, to prevent foreseeable injury to children. Hence, a thing or condition on one’s property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth
By and large, all the above can mean different things to different people. For instance, if your neighbour is a lover of cats, and you are not, it will not be long before you have problems if the cats keep coming to your balcony. Usually, the term ‘Nuisance’ is used in relation to the average or generally acceptable conditions of a place, group of people or individual.
Equally in everyday dialect, nuisance is to some degree that causes an annoyance or disturbance. It is difficult to define what degree of annoyance is necessary to constitute a nuisance.
Nuisance: Nuisance is usually used to describe an activity, thing or condition that is harmful, inconvenience, disturbance or annoying to the neighbourhood/others. In other words, activity, conduct, or situation that causes annoyance, inconvenience, or interference with the use or enjoyment of land or building, or with the comfort, health, or safety of the community.
A few examples of nuisance:
Dog barks all night keeping the neighbour awake
Building and construction site contentious very noise
Noise during anti-social hours
Burglar car alarms for a long time
Noisy deliveries at unreasonable hours
Parties, nightclubs and pubs
Loud music / television / computer games
Industrial processes (dry cleaners, factories and so on)
Kitchen extract / air conditioning units
Loud open-air event, speech and street performer
A rubbish heap or pile
Loud noise
Obstruction of traffic
Unpleasant smell and so on
Private Nuisance: Something or an activity that constitutes an unreasonable interference in the right to the use and enjoyment of one’s property. More specifically, private nuisance protects a person’s right to use and enjoy his or her property. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises. Other examples include interference with the physical condition of the land, disturbing the comfort of its occupants, or threatening future injury or disturbance.
Public Nuisance: A public nuisance is an unreasonable interference with the public’s right to property. It includes conduct that interferes with public health, safety, comfort, morals, peace or convenience. Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious. From acts of public indecency; as bathing in a public river in sight of the neighbouring houses or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighbourhood or keeping a disorderly house or a gaming house or a bawdy house or a dangerous animal, known to be such and suffering him to go at large, as a large bull-dog accustomed to bite people or exposing a person having a contagious disease, as the smallpox, in public and the like.
Some nuisances can be both public and private in certain circumstances where the public nuisance substantially interferes with the use of an individual’s adjoining land. For example, pollution of a river might constitute both a public and a private nuisance. This is known as a mixed nuisance.
Statutory Nuisance: Statutory Nuisance can also be used for instances including the adverse effects of artificial light, dust, odour and insects.
Environmental nuisance: In the field of environmental science, there are a number of phenomena which are considered nuisances, including most notably noise, water and light pollution. Moreover, there are some issues that are not necessarily legal matters that are termed environmental nuisance; for example, an excess population of insects or other vectors may be termed a nuisance population in an ecological sense.
Attractive nuisance: An attractive nuisance is a danger likely to lure children onto a person’s land. For example, an individual who has a pond/pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence and an unattended ladder leaning against a house, to prevent foreseeable injury to children. Hence, a thing or condition on one’s property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth
By and large, all the above can mean different things to different people. For instance, if your neighbour is a lover of cats, and you are not, it will not be long before you have problems if the cats keep coming to your balcony. Usually, the term ‘Nuisance’ is used in relation to the average or generally acceptable conditions of a place, group of people or individual.
(Taslim Ahammad, Assistant Professor, Bangabandhu Sheikh Mujibur Rahman Science and Technology University, Gopalganj, Bangladesh).
