Nuisance (Delict)

Nuisance is a property delict.

Definition
Nuisance occurs when another uses their property in a way that disturbs another persons enjoyment of their own property. This disturbance has to be beyond what a reasonable person can be expected to tolerate. These are typically continuing events, rather than one off actions.

This standard can be at odds somewhat with other areas of the law - in Murdoch v Glacier a factory that created more noise than the World Health Organisation considered as a maximum safe level was still not found to be a nuisance for delictual purposes.

Public interest in the source of the nuisance is no defence, but it can be a defence to say it was a part of conduct authorised by statutory authority; in Webster v Lord Advocate the noise resulting from the assembly of a grandstand for the Edinburgh Military Tattoo was held to be a nuisance, and an injunction was issued insisting on quieter assembly methods in the future. Additionally that the pursuer could have installed double glazed windows, or closed her windows is also not a defence.

Remedies
If the pursuer only seeks an injunction from further harm, then the pursuer is not required to prove Culpa on the defender's part, just that the nuisance has occurred.

However, if the pursuer seeks damages, then they are required to show culpa. in Kennedy v Glenbelle Ltd, Lord Hope indicated the following would invoke culpa:


 * Malice / Deliberate damage
 * Knowledge that the property would be damaged beforehand
 * Recklessness
 * That the conduct was so hazardous they must have known the property would be damaged
 * Negligence

In the event of Negligance, the pursuer would additionally have to that the defenders actions fell below the required standard of care.

This was highlighted in Argyll and Clyde Health Board v Strathclyde Regional Council, where a collapsed pipe was not in of itself enough to prove culpa on the defenders part.

This can include at times what would ordinarily be primary economic loss; in Glove (Aberdeen) v North of Scotland Water a pub being closed for 9 months due to delays in repairs (originally estimated at 6 weeks) was able to claim for loss of profits.