Nuisance
NUISANCE
1. Introduction to Nuisance
Definition
Nuisance is an interference with the plaintiff’s interest in the use or
enjoyment of his land by the defendant, without entry.
Purpose
To protect the right of comfort for individuals who have a proprietary
interest in land.
Ensures environmental conditions are controlled for the general well-being
of society.
Negligence is Not a Prerequisite in Nuisance
Negligence is not required, but fault must be present.
defendant should foresee that the activity on his land might cause
damage to the plaintiff’s enjoyoment of his land
A proof of special damage would be adequate (financial losses suffered
by the plaintiff)
Case: Wisma Punca Emas Sdn Bhd v Dr Donal [1987]
Defendant’s construction caused cracks and tilting in the plaintiff’s
clinic.
Defendant argued that reasonable precautions were taken.
Court held: Negligence is not a requirement; however, foreseeability of
damage is essential.
Difference Between Trespass to Land and Nuisance
Trespass to Land Nuisance
Nuisance 1
, Direct harm required Consequential harm sufficient
Direct entry required No need for entry
Actionable per se Not actionable per se (except for smells)
Affects possession of land Affects use and enjoyment of land
2. Damage and Remedies
Damage (Essential in Nuisance Claims)
Nuisance is not actionable per se; damage must be proven .
Types of Damage:
1. Physical Damage to Property
Measured by restoration cost or economic loss (e.g., land
depreciation).
2. Interference with Personal Comfort
Assesses disruption to living conditions.
Remedies
1. Injunction – To stop the defendant’s activity.
2. Monetary Compensation (Damages) – Covers physical damage,
depreciation of land value, and business losses.
a. case: Pacific Engineering Ltd v Haji Ahmad Rice Mill Ltd : it was stated
that a person injured by a nuisance may bring an action and claim
damages for the injury alone or totgether with a claim for an injunction
3. Who Can Sue? (plaintiff?)
Only individuals with proprietary or possessory interest can sue.
Proprietary interest means having legal rights over land or property—
either by owning it or having a legal right to use it.
Malone v Laskey [1907]
Plaintiff (wife of an occupier) was injured by falling bracket caused
by vibrations from the defendant’s property.
Nuisance 2
NUISANCE
1. Introduction to Nuisance
Definition
Nuisance is an interference with the plaintiff’s interest in the use or
enjoyment of his land by the defendant, without entry.
Purpose
To protect the right of comfort for individuals who have a proprietary
interest in land.
Ensures environmental conditions are controlled for the general well-being
of society.
Negligence is Not a Prerequisite in Nuisance
Negligence is not required, but fault must be present.
defendant should foresee that the activity on his land might cause
damage to the plaintiff’s enjoyoment of his land
A proof of special damage would be adequate (financial losses suffered
by the plaintiff)
Case: Wisma Punca Emas Sdn Bhd v Dr Donal [1987]
Defendant’s construction caused cracks and tilting in the plaintiff’s
clinic.
Defendant argued that reasonable precautions were taken.
Court held: Negligence is not a requirement; however, foreseeability of
damage is essential.
Difference Between Trespass to Land and Nuisance
Trespass to Land Nuisance
Nuisance 1
, Direct harm required Consequential harm sufficient
Direct entry required No need for entry
Actionable per se Not actionable per se (except for smells)
Affects possession of land Affects use and enjoyment of land
2. Damage and Remedies
Damage (Essential in Nuisance Claims)
Nuisance is not actionable per se; damage must be proven .
Types of Damage:
1. Physical Damage to Property
Measured by restoration cost or economic loss (e.g., land
depreciation).
2. Interference with Personal Comfort
Assesses disruption to living conditions.
Remedies
1. Injunction – To stop the defendant’s activity.
2. Monetary Compensation (Damages) – Covers physical damage,
depreciation of land value, and business losses.
a. case: Pacific Engineering Ltd v Haji Ahmad Rice Mill Ltd : it was stated
that a person injured by a nuisance may bring an action and claim
damages for the injury alone or totgether with a claim for an injunction
3. Who Can Sue? (plaintiff?)
Only individuals with proprietary or possessory interest can sue.
Proprietary interest means having legal rights over land or property—
either by owning it or having a legal right to use it.
Malone v Laskey [1907]
Plaintiff (wife of an occupier) was injured by falling bracket caused
by vibrations from the defendant’s property.
Nuisance 2
