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Nuisance Problem Answer.
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| Submitted: Wed Nov 26 2003
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NUISANCE PROBLEM ANSWER In advising it is necessary to consider the law relating to nuisance. A nuisance may be classified as private, public and/or statutory. It would appear that would be relevant here. Looking first at private nuisance. This is defined by professor Winfield as "unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it". The first issue to consider is whether or not the interference with 's enjoyment of land is unlawful. Not all interference's will constitute a nuisance. The interference will only be unlawful if it is unreasonable. In this respect the law of nuisance allows for give and take, "a balance has to be maintained between the right of the occupier to do what he likes with his own land, and the right of his neighbour not to be interfered with". Reasonableness in nuisance is different to the reasonableness in negligence....
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