Private nuisance :
It may be defined as unlawful interference with another's use and enjoyment of property or some right over or in connection with property. Action for nuisance lies for the protection of plaintiff's property rather than for damages.
Private nuisance is the using or authorizing the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or by interfering materially with his health, comfort or convenience. Private nuisance include acts leading to
a) wrongful disturbances of easements ( restrictions of natural rights ) or servitudes. E.g. obstruction to light and air, disturbance of right to support or
b) wrongful escape of deleterious substance into another's property such as smoke, smell, fumes, gas, noise, water, filth, heat, electricity, disease-germs, trees, vegetation, animals, etc.
c) improper use of one's own property resulting in physical injury to the person, property or comfort of the occupier of another property. Some of the actions for discomfort are vibrations caused by machinery and dust etc. It is actionable only as as a nuisance if done maliciously.
If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what has been done irrespective of negligence. If anything is placed on a highway which is likely to cause an accident being an obstruction to those who are using the highway on their lawful occasion such as vehicle unlighted and unguarded standing there at the night and an accident results, there is an actionable nuisance.
Remedies for private nuisance