Nuisance vs Trespass
When a tree planted on your property grows and spreads onto your neighbor’s property, causing them problems, is it considered nuisance or trespass? What if someone enters your property without your permission, causing disturbance while you are enjoying your space? There are several scenarios in which people become confused between these two torts due to their similarities. However, despite the similarities and some overlap, there are key differences between nuisance and trespass that will be highlighted in this article.
Key Takeaways
- Nuisance is indirect in nature and occurs when a person, thing, or circumstance causes inconvenience, preventing someone from enjoying and using their property.
- Trespass is a tort that requires a direct interference with the property of the plaintiff, involving physical invasion by a person or object.
- While trespass requires entry into the plaintiff’s property, nuisance can occur indirectly from outside the property.
Nuisance
In general, any person, thing, or circumstance causing inconvenience to another person is labeled as nuisance. However, it becomes unlawful when it prevents someone from enjoying and using their own property. This means that a landowner can sue another person for causing nuisance if they are unable to enjoy their property because of them. Thus, nuisance is indirect in nature. A neighbor playing music loudly in their own house can be a source of nuisance for you, as you become annoyed and are unable to peacefully carry out your activities.
Sound is just one example, and nuisance can also be created by smell, pollution, smoke, electricity, vibrations, etc. The important thing to remember is that to be classified as a nuisance, the person, thing, or condition must cause interference with the plaintiff’s use of their property in a peaceful manner.
Trespass
Trespass is a tort that requires someone to interfere with the property of the plaintiff in a direct manner. If a neighbor plants trees on your property, it is considered trespass. Even if they throw stones that fall in your property, the action classifies as trespass. Trespass includes not just the surface area but also the aerial space above the property of the plaintiff. The key aspect to remember in cases of trespass is that it only comes into action when there is a physical invasion by a thing or a person. If someone unlawfully enters and stays in your property, they are said to be trespassing.
Difference between Nuisance and Trespass
• Trespass requires entry into the property of the plaintiff, whereas nuisance is indirect and can take place from outside the property of the plaintiff.
• Landowners have a right to enjoy their property, and it is when this right is interfered with that the tort laws of nuisance and trespass come into action.
• Trespass is direct and requires physical invasion, while nuisance can be created in an indirect manner.
• There is interference with possession in trespass, while it is not required in nuisance.
