Difference between “Nuisance” and “Trespass” – Explained!

There are several similarities between nuisance and trespass. Both of them unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with. However, there are differences between them, which are given as under:


Nuisance

1. Nuisance is an indirect interference with the plaintiffs property.

2. It is created by some intangible objects such as gas, noise, smell, smoke, pollution, vibrations, electricity, etc.

3. It interferes the plaintiffs use or enjoyment of land or property.

4. A plants a tree in his own land. The tree grows, and its branches and roots spread into the land of B. It is nuisance.

5. A’s building has become ruinous, and it may collapse at any time and fall upon B’s house. A and B notice it. But A does not take proper steps to prevent it. Some of the walls of A’s house fell upon on B’s house. It is a nuisance.

6. Nuisance is actionable only when the special damage is proved.

Trespass

1. Trespass is a direct interference with the plaintiffs property.

2. It is always by some material or tangible objects.

3. It interferes with possession of the land or property of plaintiff.

4. A occupies B’s land forcibly and plants trees. It is a trespass.

5. A throws some stones upon his neighbor B’S house. It is a trespass.

6. Trespass is actionable per se i.e. without proof of damage.