Sunday, October 9, 2011

Nuisance

"Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance"(http://en.wikipedia.org/wiki/Nuisance)

category and difference: Public nuisance and Private nuisance. The defference between two kinds of nuisances is the nature of the interest invaded. A public nuisance interferes with the rights of the public, whereas the private nuisance interferes with the rights of private, such as the use and enjoyment of the land.(land use planning and development regulation law)

Remedies: Public nuisance's remedy is injunction, which means the court stop the public interest invaded activities by force. Moreover, the private nuisance's remedies are different. Damages is an usual remedy, but sometimes the court may give injunction.(land use planning and development regulation law)

                   http://www.flickr.com/photos/grebo_guru/13122681/sizes/o/in/photostream/

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