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Nuisance Claims are recognised in the following way:

1. •

   Private nuisance—substantial interference with the Use/enjoyment of land

2. •

   public nuisance—an unlawful act/omission causing widespread harm

3. •

   ‘the rule in Rylands v Fletcher’ — ‘non-natural’ activity on the defendant’s land escaping and causing harm

Some private nuisances may also give rise to a statutory nuisance, such as noise nuisance, on which see Practice Note: Neighbour disputes—noise and nuisance.

For more detailed guidance on the types of scenario that may give rise to a claim in private nuisance, the applicable test for liability, remedies and defences for private nuisance claims, see Practice Note: Private nuisance—general principles.