A public nuisance was defined by English scholar Sir James Fitzjames Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".
Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed .
Under the common law, persons in possession of real property (land owners, lease holders etc.)
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.
The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.
[4] Private nuisance arose out of the action on the case and protects a person’s right to the use and enjoyment of their land.
For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance.
For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
However, one situation related to transform a private nuisance against land to one against person, this case is no longer considered to be authoritative.
The law and economics movement has been involved in analyzing the most efficient choice of remedies given the circumstances of the nuisance.
In medieval England it was an office of the Courts Leet and later it was also a parochial office concerned with local action against a wide range of 'nuisances' under the common law: obstructions of the highway, polluted wells, adulterated food, smoke, noise, smelly accumulations, eavesdropping, peeping toms, lewd behaviour, and many others.
In the United Kingdom from the mid- 19th century this office became associated with solving public health and sanitation problems, with other types of nuisances being dealt with by the local constables.
The first Inspector of Nuisances appointed by a UK local authority Health Committee was Thomas Fresh in Liverpool in 1844.
[11] In the United States, a modern example of an officer with the title 'Inspector of Nuisances' but not the public health role is found in Section 3767[7] of the Ohio Revised Code which defines such a position to investigate nuisances, where this term broadly covers establishments in which lewdness and alcohol are found.
The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher.
Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort.
In February 2014 the UK Supreme Court ruling in the case of Coventry v Lawrence[12] prompted the launch of a campaign[13] to have the "coming to a nuisance" law overturned.
It has meant all things to all people, and has been applied indiscriminately to everything from an alarming advertisement to a cockroach baked in a pie.
Such limitation often became necessary as the sensibilities of urban dwellers were offended by smells of agricultural waste when they moved to rural locations.
[17] Rather, the act in question must either be declared by public statute, or by case law, to be a nuisance per se.
In recent decades, however, governments blurred the lines between public and private nuisance causes of action.
William Prosser noted this in 1966 and warned courts and scholars against confusing and merging the substantive laws of the two torts.
In some states, his warning went unheeded and some courts and legislatures have created vague and ill-defined definitions to describe what constitutes a public nuisance.
The stated purpose of such a law is "In accordance with the Town of Amherst’s Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this bylaw shall permit the Town to impose liability on owners and other responsible persons for the nuisances and harm caused by loud and unruly gatherings on private property and shall discourage the consumption of alcoholic beverages by underage persons at such gatherings.
In the field of environmental science, there are a number of phenomena which are considered nuisances under the law, including most notably noise, water and light pollution.
An information lies in cases of great public importance, such as the obstruction of a navigable river by piers.